1. No category

INSTITUTION BUILDING IN THE
FRAMEWORK OF EUROPEAN UNION
POLICIES
COMMON TWINNING MANUAL
REVISION 2012
UPDATE 2013-2014
This Twinning Manual provides practical and comprehensive information for
public sector experts involved in the preparation and implementation of
Twinning projects.
TABLE OF CONTENTS
PART A THE GENERAL APPROACH
SECTION 1:
INTRODUCTION
9
10
1.1.
Twinning as an Instrument for Institution Building
10
1.2.
Overview of EU Funding for Twinning
13
SECTION 2:
2.1.
THE COMPONENTS OF A TWINNING PROJECT
Fundamental Principles of all Twinning Projects
2.2.
The Project Leaders (PL) and the Resident Twinning Adviser (RTA)
2.2.1.
The Project Leaders
2.2.2.
The Resident Twinning Adviser
14
14
14
14
15
2.3.
The Twinning “Work Plan”
18
2.4.
Role of the Beneficiary Countries (BC)
18
2.5.
Role of the MS
19
2.6.
Role of the Commission
2.6.1.
General role of the Commission
2.6.2.1.
Specific Involvement of the Commission under IPA
2.6.2.2.
Specific involvement of the Commission under ENPI
20
20
22
23
2.7.
Role of the Administrative Office in the Beneficiary Country
2.7.1.
Role of the AO in IPA
2.7.2.
Role of the AO in ENPI
26
26
28
PART B PREPARATION OF TWINNING PROJECTS
30
SECTION 3: SUBMISSION AND SELECTION OF PROPOSALS
32
3.1.
Call for Proposals
3.1.1
Call for Proposals
3.1.2
Submission of Proposals
3.1.3
Basic rules for the submission of Twinning proposals:
32
32
32
34
3.2.
Specific cases
35
3.3
Public Administrations and Mandated Bodies
35
3.4
Member State Consortia
37
3.5.
Selection of the Twinning Partners
3.5.1.
Selection under IPA
3.5.2.
Selection under ENPI
3.5.3
Summary of registration, selection and evaluation procedures:
38
39
40
43
3.6.
43
Summary of Selections
1
3.7.
Possible Re-circulation
43
3.8.
Drafting of the Twinning Contract including the Twinning Work Plan
Drafting of Contract and Work Plan under IPA
3.8.1.
Drafting of Twinning Contract and Work Plan under ENPI
44
45
46
3.9.
Approval of the Twinning Contract
3.9.1.
Approval of the Twinning Contract under IPA
3.9.2.
Approval of the Twinning Contract under ENPI
47
47
49
3.10
Signature of the Twinning Contract
3.10.1
Preliminary remarks
3.10.2 Signatories of the Twinning Contract
49
49
50
SECTION 4:
DETAILED PROJECT DESIGN
54
4.1.
Designing the Project to achieve ‘Mandatory Results’
54
4.2.
Benchmarks, Timeframes, Duration & Risk Analysis
56
4.3.
Deciding Project Management responsibilities
58
4.4.
Inputs of BC (Staff & Infrastructure)
60
4.5.
Inputs of MS (Staff)
4.5.1.
Staff Know-how and Time
4.5.2
The Project Leader
4.5.3.
The Resident Twinning Adviser (RTA)
4.5.4
Change of Project Leader or RTA
4.5.5
Staff Origin
62
62
62
63
63
63
4.6.
Management and Accounting
64
4.7.
Translation and Interpretation
4.7.1.
Translation
4.7.2
Interpretation
65
65
65
4.8.
Seminars, Training, Traineeships, Workshops
65
4.9.
Intangible Inputs
66
4.10
Summary project presentation
67
SECTION 5:
THE TWINNING PROJECT BUDGET
68
5.1.
The Project Budget
5.1.1.
Content of the budget
5.1.2.
Eligible costs
5.1.3.
Structure of the budget
68
68
68
70
5.2.
Reimbursement of Costs arising during the Preparation of the Twinning Contract
5.2.1.
Drafting the Twinning Contract and Twinning Work plan
5.2.2.
Training of RTAs
71
71
72
5.3.
Resident Twinning Adviser
73
5.4.
Project Leader, Short- and Medium-Term Expert Inputs
75
5.5.
Intangible supplies and provision of services
79
5.6.
Travel & Per Diem
79
2
5.6.1.
5.6.2.
5.6.3.
Travel
Per Diem
Provision for changes in prices
79
80
80
5.7.
Training and Seminars
81
5.7.1.
Training in the BC
81
5.7.2 Study visits in the MS and Trainee/internships for BC officials in MS Partner Administration
81
5.8.
Twinning Management Costs Compensation
5.8.1.
General Principle
5.8.2.
Recipient
5.8.3.
Budget presentation
82
82
83
83
5.9.
RTA Assistant
83
5.10.
Translation and Interpretation
84
5.11.
Equipment
85
5.12.
Private Sector Sub-Contractors
85
5.13.
Twinning Costs not covered by the EU
86
PART C IMPLEMENTATION OF TWINNING PROJECTS
88
SECTION 6:
89
MANAGEMENT OF TWINNING PROJECTS
6.1.
Timing and deadlines
89
6.2.
Management by the Project Leaders
89
6.3.
Monitoring
89
6.4.
Project Reporting Requirements
6.4.1.
Reporting requirements
6.4.2.
Interim Quarterly Reports
6.4.3.
Final Report
91
91
92
93
6.5.
94
Evaluation/Monitoring of the Action
6.6.
Changes to a Twinning Contract
A. Addenda
B. Side letters
94
94
96
6.7.
Termination
6.7.1.
Termination of RTA secondment
6.7.2.
Termination of the Twinning project
99
99
99
SECTION 7:
FINANCIAL MANAGEMENT AND CONTROL
100
7.1.
General Principles
100
7.2.
Payment Procedure
101
7.3.
The expenditure verification report
103
7.4.
Services Rendered and Documentation in Support of Invoices
7.4.1.
Endorsement by the Beneficiary of Services Rendered
7.4.2.
Documentation in Support of Invoices
103
103
104
3
7.5.
Audit
104
7.6.
Private Sector Inputs: tendering, procurement and contracting
105
7.7.
Provision for changes in prices
107
7.8.
Principles of taxation
108
SECTION 8: SPECIFIC PROCEDURES FOR ‘TWINNING LIGHT’ - 109 8.1.
Definition of ‘Twinning Light’
- 109 -
8.2.
The detailed ‘Twinning light’ Project fiche
- 110 -
8.3.
The mandatory result
- 111 -
8.4.
Selection of MS administration
8.4.1.
Circulation of projects
8.4.2.
Minimum criteria for proposals from MS
8.4.3.
Selection procedure
8.4.3.1.
Selection procedure under IPA (before and after conferral of
management power)
8.4.3.2.
Selection procedure under ENPI
- 112 - 113 -
8.5.
Contract and Implementation
8.5.1.
Structure of the contract
8.5.2.
Costs eligible for financing
8.5.3. Contracting Authority, signatories of contract, order of signature
8.5.3.1. Under IPA
8.5.3.2. Under ENPI
8.5.4.
Reporting
8.5.5.
Payments
8.5.6.
Expenditure Verification Report
- 114 - 114 - 115 - 115 - 115 - 115 - 116 - 116 - 116 -
8.6.
Monitoring and assessment
- 116 -
8.7.
Changes to the ‘Twinning light’ contract
- 117 -
8.8.
Issues of overall Coordination
- 117 -
SECTION 9: OTHER ISSUES
9.1.
Languages
- 111 - 111 - 111 - 112 -
- 118 - 118 -
9.2.
Sustainability and Twinning Review Missions
9.2.1 Sustainability
9.2.2 Twinning Review Missions.
- 119 - 119 - 120 -
9.3.
- 121 -
Troubleshooting
9.4.
Acknowledgement of Funding Source
9.5.
Data Protection and Privacy Statement
- 122 - 122 -
4
GLOSSARY
AA
The Euro-Mediterranean Association Agreements are the main contractual
agreements between the European Union and its Mediterranean partners. The
AAs contain clauses dealing with fundamental principles, such as respect for
human rights, political dialogue, the free movement of goods, economic
cooperation, cooperation in social and cultural affairs, financial cooperation and
institutional provisions. These are the standard clauses – each agreement logically
also covers the particular features of the relations between the European Union
and each of its partners.
AWP
Annual Work Plan. In the South, the AWP is the annual programming documents
containing the budgetary envelopes of the projects to be implemented. AWPs are
approved each year, between the Beneficiary country and the European
Commission.
AO
The administrative office (AO) is a body within the administration of the
beneficiary country, which has been designated to retain the overall procedural,
financial and contractual management of the Twinning projects. The actual scope
of its responsibilities varies depending upon the geographical area and the
applicable management system (see also PAO for ENPI Countries).
BC
Beneficiary Country (beneficiary of Twinning projects under IPA - enumerated in
Annex I and Annex II of Council Regulation (EC) No 1085/2006 establishing an
Instrument for Pre-Accession Assistance (IPA) - or ENPI enumerated in Annex I
of the Council Regulation (EC) No 1638/2006 of the European Parliament and of
the Council of 24 October 2006 laying down general provisions establishing a
European Neighbourhood and Partnership Instrument).
CA
Contracting Authority. The CA in a decentralised mode is the PAO or CFCE and
in a centralised mode it is the European Commission on behalf of the European
Union. The EU Delegation has a "delegated" legal personality.
Centralised
management
Form of management, as defined in Article 53a of Regulation (EC, Euratom) No
1605/2002, whereby the Commission through the EU Delegation acts as
contracting authority and takes decisions for and on behalf of the beneficiary
country.
CFCE
Central Financing and Contracting Entity (Unit / Agency / Department): Structure
within the Central Administration of a IPA Beneficiary Country, responsible for
contracting and disbursing EU funds in case of conferral of management power
with or without ex-ante control by the Commission.
De-centralised
management
with ex ante
control
Form of management as defined in Article 53c of Regulation (EC, Euratom) No
1605/2002, whereby, following proper accreditation and conferral of management
power, the Central Financing and Contracting Entity of a Beneficiary Country
acts as contracting authority, while the Commission performs ex ante control.
De-centralised
management
without ex ante
control
Form of management as defined in Article 53c of Regulation (EC, Euratom) No
1605/2002, whereby, after the Commission has satisfied itself of the effective
functioning of the management and control system concerned in accordance with
the relevant EU and national rules, the Administrative Office of a Beneficiary
Country acts as contracting authority, without ex ante control by the Commission.
ENP Action Plan
Agreed bilaterally between the EU and twelve of its neighbour countries, they are
a central element to the ENP and in effect a ‘road map’ for both sides. The Action
Plans, concluded for 3-5 years, set out an agenda of political and economic
reforms with short and medium-term priorities. Implementation is jointly
promoted and monitored through sub-Committees.
The documents are available at http://ec.europa.eu/world/enp/documents_en.
5
ENPI
The former Tacis and MEDA programmes have been replaced by the European
Neighbourhood and Partnership Instrument. For the period 2007-2013, EU
assistance under the European Neighbourhood and Partnership Instrument
(Regulation n° 1638/2006) adopted in October 2006 in force from the 1st of
January 2007 to the 31st of December 2013) shall promote enhanced cooperation
and progressive economic integration between the European Union and the
partner countries and, in particular, the implementation of partnership and
cooperation agreements, association agreements or other existing and future
agreements. It shall also encourage partner countries’ efforts aimed at promoting
good governance and equitable social and economic development. See table 1.2
for countries which are covered.
FOCAL POINTS
Each beneficiary ministry of the ENPI will be responsible for appointing a "Focal
Point" that will be in charge of the technical implementation of the instrument.
Each focal point will be the PAO contact point for the project(s) of its Ministry or
public sector institution.
IPA
The instrument set up by Council Regulation (EC) No 1085/2006 of 17 July 2006
establishing an Instrument for Pre-Accession Assistance (IPA) to cover institution
building, regional and cross border co-operation, regional development, rural
development and human resources.
Mandated body
Semi-public bodies mandated to implement Twinning projects according to the
same conditions as if they were an integral part of the administration.
MS
Member State(s) of the European Union.
NCP
National Contact Point for Institution Building. A designated public official in
each of the MS and beneficiary countries is the institutional contact point for all
Twinning activities. Tasks include communication, facilitation and liaison.
PAO
Programme Administration Office. In the ENP South countries, except for Israel,
it is the project management office for the Support programmes for the
implementation of Association Agreements (SAAP programmes) in general, and
for Twinning in particular. In the ENP East countries, and in the case of Israel,
the PAO is a body within the administration of the beneficiary country which has
been designated to assist the Delegation with the overall management of
Twinning projects. In a decentralised system the PAO is the Contracting
Authority.
Partnership and
Cooperation
Agreement
(PCA)
The formalisation of bilateral relations between the EU and individual partner
countries has been achieved through the negotiation of Partnership and
Co-operation Agreements (PCAs), now in force with ten of the ENP East
countries. PCAs are legal frameworks, based on the respect of democratic
principles and human rights, setting out the political, economic and trade
relationship between the EU and its partner countries. Each PCA is a ten-year
bilateral treaty signed and ratified by the EU and the individual state.
PL
Project Leader: a high-ranking official in MS and BC administrations
respectively. Directs the implementation of the Twinning project.
Practical
(PRAG)
RTA
Guide
European Commission - "Practical Guide to contract procedures for EU external
actions" available at:
http://ec.europa.eu/europeaid/prag/document
Resident Twinning Adviser: A civil servant from a Member State administration
who works in the BC on a full-time basis for at least one year in the framework of
a Twinning project to coordinate the day to day activities of the project.
In order to encourage the partnership between the European Union and the ENP
South countries and to support the efforts of these countries' administrations to
6
SAAP
Twinning
Contract
ensure the implementation of the various points specified in the AA, the European
Commission launched the " Support to the Association Agreement Programmes'
(SAAP) which is now called within ENPI, the "Support to the ENP Action
Plans".
Contractual agreement between the CA and the MS on the Twinning Project. It
includes the Special Conditions, the work plan and standard annexes.
General remark
The expressions "under IPA" and "under ENPI" used in the present Manual do not necessarily
refer to the application of specific norms and provisions of the IPA Regulation (1085/2006)
and, respectively, of the ENPI Regulation (1638/2006), but identify rather the pertinent group
of beneficiary countries whenever different implementation provisions are foreseen.
7
PREFACE
According to article 77.2 of Commission Regulation (EC) No 718/2007,
implementing Council Regulation (EC) No 1085/2006 establishing an instrument for
pre-accession assistance (IPA), it is the responsibility of the European Commission
services to establish and regularly update a Twinning Manual. Since implementation
of Twinning in the geographical area covered by the European Neighbourhood Policy
(ENP), the Manual has been drafted as a Common Manual providing a co-ordinated,
complete and user-friendly guide for implementing Twinning projects in both the IPA
and ENP environment.
The present revised version of the Twinning Manual is due mainly to its adaptation to
the New Financial Regulation applicable to the general budget of the European Union
and its Rules of application, entered into force on 1st January 20131. This has implied
several changes to the Twinning Manual and contract template.
As in the past, the Manual builds on past experience gained since 1998 (since 2004 in
the ENP region), on comments and recommendations formulated by evaluators, on
best practices gathered over the years and on the constructive input of a variety of
stakeholders: beneficiary administrations, Member States, task managers in EU
Delegations and Administrative Offices, Resident Twinning Advisers, etc.
This version of the Twinning Manual remains faithful to the structure of the previous
issues. It outlines the basic principles governing any Twinning project from inception
to conclusion and provides practical guidelines for operational and financial
management.
The provisions concerning the Twinning Review Missions – introduced in the 2009
revision of the Manual, are better defined and detailed in order to allow for immediate
implementation of these Missions.
The reader will also discover many minor but hopefully useful editorial
improvements, dictated by the analysis of the most frequent questions submitted to the
Twinning co-ordination teams, asking for clarification and interpretation of the rules.
The co-ordinated manual compiles a joint base with common provisions for both
regions complemented by region specific rules, where this is unavoidable. For easy
reference, the region specific sections are printed in Italics.
This structure thus provides MS National Contact Points for Twinning and the other
Twinning stakeholders with a comprehensive document and it allows beneficiary
countries to retrieve the specific provisions for their respective regions.
On this occasion, the European Commission would once again like to express its
appreciation to the public administrations in the MS for their participation in
Twinning. It is looking forward to the continuation of this close and productive cooperation.
1
Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October
2012 on the financial rules applicable to the general budget of the Union and repealing Council
Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of
application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council
on the financial rules applicable to the general budget of the Union (OJ L 362, 31.12.2012, p. 1)
8
PART A
THE GENERAL APPROACH
9
Section 1: Introduction
1.1.
Twinning as an Instrument for Institution
Building
Twinning is an initiative of the European Commission that was launched in 1998 in
the context of the preparation for enlargement of the European Union. It was
conceived as an instrument for targeted administrative co-operation to assist the pro
tempore Candidate Countries to strengthen their administrative and judicial capacity
to implement EU legislation as future Member States of the European Union. It has
remained an important pre-accession instrument which is now available for all the
candidate countries and pre-candidates benefitting from the Instrument of preaccession (IPA): Albania, Bosnia and Herzegovina, Croatia, the former Yugoslav
Republic of Macedonia, Iceland, Kosovo, Montenegro, Serbia and Turkey. As from
the end of 2003, Twinning has been available to some of the countries covered by the
programme for Newly Independent States were Partnership and Cooperation
Agreements are signed between the Newly Independent States and the EU.
Concerning the Southern Mediterranean region, Association Agreements are signed
between these and the EU in order to deepen co-operation within the general
objectives of the Euro-Mediterranean Partnership. To implement these agreements,
Support Programmes to the implementation of the Association Agreements (SAAPs)
were launched.
The extension of the Twinning instrument to other regions coincided with the
emergence of the European Neighbourhood Policy (ENP). Developed in view of the
EU enlargement of May 2004, the ENP sets a framework for the EU relations with its
Eastern and Southern neighbours. The overall goal of the ENP is to foster the political
and economic reform process, promote closer economic integration, legal and
technical approximation and sustainable development. To support its implementation,
the ENP is complemented by a regulation that entered into force in 2007 - the
European Neighbourhood and Partnership Instrument (ENPI).
In this context Twinning is introduced as an Institution Building co-operation
instrument for the ENPI countries to implement the ENP Association
Agreements/Partnership and Co-operation Agreements.
Notwithstanding the need for adjustment to the specific situation and procedures
designed for each geographical area, Twinning as an Institution Building instrument
rests upon common features.
Firstly, Twinning projects are built around jointly agreed EU policy objectives, such
as the preparation of EU enlargement or enhanced co-operation in line with EU
policies, as foreseen under the respective IPA and ENPI regulations.

This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the
ICJ Opinion on the Kosovo Declaration of Independence.
10
Twinning is an EU institution building instrument developed by the Commission and
based on partnership cooperation between public administrations of EU Member
States and a Beneficiary Country for the achievement of mandatory results jointly
agreed with the Commission.
More specifically, Twinning projects are based on a number of basic principles:

Projects are built around jointly agreed policy objectives deriving from the
joint EU-BC agenda, i.e. combining the EU policy orientations (as set out in the
European Commission Progress Reports and/or other policy documents) and the
Beneficiary Administration’s efforts for reform (as set out in strategic documents
adopted by relevant BC authorities).

Beneficiary Country retains ownership of the project, from the conception of
the Twinning fiche until the closure of the Twinning Contract:

As a rule, the beneficiary country (BC) selects its Member State (MS)
partner(s); under ENPI in centralised management, the BC participates to the
selection.

The selected MS partner(s) undertake(s) to transfer the requested hands-on public
sector expertise available in its home administration. This includes first and
foremost the secondment of a full time Resident Twinning Adviser (a public
sector official) for at least 12 months to a maximum of 36 months;

Twinning projects must bring to the BC a concrete operational result (the so
called mandatory results) in connection with the EU acquis or other EU policies
open for co-operation;

The Twinning partners commit themselves to achieving the mandatory results,
and not only to the means to achieve them. At the end of the project a new or
adapted system must function under the sole responsibility and ownership of the
BC;

Twinning is a joint project of a grant nature. It is not a one-way delivery of
technical assistance from a MS to a BC. It is a joint process, in which each partner
takes on responsibilities. The BC commits itself to undertaking and funding
reforms, the MS to accompanying the process for the duration of the project;

To underpin the credibility of their commitment, the Twinning partners draft a
Twinning work-plan, before starting work. The possibility is foreseen to adapt
the work-plan in the course of its implementation, but it must fix clear
benchmarks to allow for close monitoring of progress towards the final result;

The achievements of a Twinning project (mandatory results) should be
maintained as a permanent asset to the Beneficiary administration even after the
end of the Twinning project implementation. This presupposes inter alia that
effective mechanisms are put in place by the beneficiary administration to
disseminate and consolidate the results of the project.

In order to ensure transparency of proceeding and equality of all administrative
bidders, the Twinning calls for proposals will only be circulated to the
designated National Contact Points in the administrations of Member States
with publicity on the EuropeAid website (for ENPI) or on the Twinning
Community Tool (https://circabc.europa.eu password protected) (for IPA).
11
Some special procedures are necessary to take account of the particular nature of
Twinning and to ensure sound financial management. The absence of commercial
tendering and the selection of the MS project partner by or with the systematic
involvement of the beneficiary administration make it necessary to find other means
of controlling the costs which may legitimately be borne by the programme. These
procedures express the specific nature of Twinning projects.
Twinning projects encompass a series of actions and inputs. Secondments of longterm MS experts to BC administrations form the ‘backbone’ of Twinning projects
(See 2.2.2). To achieve its objectives, a Twinning project also needs various other
expert inputs, such as medium- and short-term specialists, training etc.
Following the completion of a Twinning project, the BC is expected to have achieved
significant progress in the identified area of the project. In some cases, one Twinning
project may not be sufficient to achieve this goal, and a series of additional actions
(Twinning, Twinning light or other instruments of Institution Building) may be
required to achieve full compliance with the relevant obligations. However, this in no
sense diminishes the need for each individual project to have clearly defined goals and
a precise, timed and budgeted work plan for their achievement.
Twinning activities are ideally suited to projects with the following features:




the goal is relatively clear, i.e. the BC has a good understanding of the relevant
part of the acquis or the relevant area of co-operation, and has selected the
type of system it intends to adopt;
sufficient political will exists in the BC to create the best possible conditions
for drafting and adoption of the relevant legislation;
sufficient BC commitment exists to ensure that the required resources
(financial, staff) are mobilised in a Twinning project.
a well-defined priority on the beneficiary administration’s own agenda
guaranteeing that the Twinning project idea derives from actual need.
If a BC is lacking any point of reference for the development of a specific sector,
there may be a case for traditional Technical Assistance in order to help better define
the options for reform. For example, there are at least two quite different types of land
registry systems in use in MS. One system requires a map based on very detailed
measurements made on the ground, for this map is in itself considered sufficient proof
of boundary lines. Another system is based on aerial photography, less accurate,
which only supports the land ownership established by a legal text. Before a Twinning
project can begin to develop a system for the registration of land, and for instance
starts an aerial photography exercise, the BC must already have decided which model
it wants to adopt.
Twinning has been regularly evaluated by independent external experts. Some of
these evaluation reports can be found on the Twinning website of DG ELARG:
http://ec.europa.eu/enlargement/how-does-it-work/technicalassistance/twinning_en.htm
The Court of Auditors has released a special audit report on Twinning and a
subsequent review report. The reports together with the Commission’s replies can be
found on the website of the Court of Auditors: http://eca.europa.eu .
12
1.2. Overview of EU Funding for Twinning
INSTRUMENT
BENEFICIARY COUNTRIES
ALBANIA, BOSNIA AND HERZEGOVINA
CROATIA, FORMER YUGOSLAV REPUBLIC OF
MACEDONIA, ICELAND, KOSOVO,
MONTENEGRO, SERBIA, TURKEY
REGULATION
AIM
Council Regulation (EC) No 1085/2006 Institution Building assistance to countries which strive to become
MS of the European Union in enforcing the EU acquis.
of 17 July 2006
Main instrument to support the Stabilisation and Association
Process for potential candidates to EU Membership.
IPA
ENP East countries ARMENIA, AZERBAIJAN,
GEORGIA, MOLDOVA, UKRAINE
Other Eastern countries having signed PCAs are
possibly eligible for future Twinning projects:
RUSSIAN FEDERATION, BELARUS
ENPI
For the period 2007-2013, EU assistance under the European
ENPI: Regulation (EC) No 1638/2006 Neighbourhood and Partnership Instrument shall promote enhanced
of the European Parliament and of the cooperation and progressive economic integration between the
ENP South countries: TUNISIA, JORDAN,
Council of 24 October 2006
European Union and the partner countries and, in particular, the
LEBANON, MOROCCO, EGYPT , ISRAEL,
implementation of partnership and cooperation agreements,
ALGERIA (Countries having signed a Support
association agreements or other existing and future agreements. It
programme for the implementation of the Association
shall also encourage partner countries’ efforts aimed at promoting
Agreements)
good governance and equitable social and economic development.
PALESTINE. It has signed an AA which is possibly
eligible for a future Support to an ENP Action Plan.
SYRIA: The Association Agreement is not yet signed.
LIBYA: No Association Agreement signed
13
Section 2: The Components of a Twinning Project
2.1.
Fundamental Principles of all Twinning Projects

A Twinning project is NOT designed to provide only advice or other types of
classical Technical Assistance. It is a project of administrative co-operation in a
specific field that must yield MANDATORY RESULTS.

A Twinning project is NOT one-way Technical Assistance from MS to BC. It is a
close partnership in which the specific commitment of the beneficiary, who is also
the driving force behind the changes targeted, is vital.

A Twinning project does NOT aim at replicating a particular MS administrative
system but rather strives to help introduce EU wide best practices in connection
with EU legislation.
The concept of ‘mandatory results’ is a key feature of Twinning. Both project
partners commit themselves to work towards commonly agreed results in a joint
project implementation process. The Commission indicated from the outset that
Twinning projects should focus on limited and well-defined institutional targets.
These ‘mandatory results’ can be an intermediate benchmark, which constitutes a
specific criterion in relation to administrative capacity, as long as there is a jointly
agreed target. This target must be measurable and precise.
At the completion of a Twinning project, the BC should have a significantly improved
organisation enabling it to properly fulfil its objectives in relation to the EU acquis or
in relation to the relevant area of co-operation with the EU.
The aim of Twinning is therefore to produce an operational outcome in a particular
field. Achieving this aim calls for long and thorough co-operation between BC and
MS, bringing into play whatever actions are required to achieve the desired results.
2.2.
The Project Leaders (PL) and the Resident
Twinning Adviser (RTA)
In all Twinning projects, success in delivering mandatory results depends on the
coherence of a number of successive inputs, the continuity of those inputs and steady
progress.
2.2.1.
The Project Leaders
The successful implementation of a Twinning project requires the commitment of two
Project Leaders, appointed in the MS and the BC administrations respectively. In case
of a consortium, the Junior partner(s) will designate their Junior MS project leader(s)
who shall report to the lead MS PL according to the provisions of the consortium
mandate (see Annex A8).
14
Every Twinning project includes a MS Project Leader, who continues to work in
his/her MS administration but who devotes a portion of his/her time to conceiving,
supervising and co-ordinating the overall thrust of the project. The MS Project Leader
should be a high-ranking civil servant or equivalent staff commensurate with the
requirement for an operational dialogue and backing at political level, therefore he/she
can not come from an ad hoc mandated body. The MS Project Leader is not an
adviser, he/she directs the implementation of the project. He/she is always
complemented by at least one full-time expert from a MS, known as the Resident
Twinning Adviser (RTA), to work on a day-to-day basis with the beneficiary
administration in the BC and accompany the implementation of the Twinning project.
The RTA is the backbone of a Twinning project throughout the entire duration of the
implementation period of the Action. He or she is supported in his or her MS
administration for logistics, accounting and administrative tasks. This support should
allow the RTA to concentrate on the essence of the project.
In addition, a BC Project Leader is needed in each Twinning project. He/she acts as
the counterpart of the MS Project Leader and ensures in close co-operation the overall
steering and co-ordination of the project. He/she is likewise expected to be a high
ranking official in the BC administration, who is in a position to operate at the
appropriate political level. The role of the BC Project Leader and the RTA counterpart
in the beneficiary administration are complementary.
2.2.2.
The Resident Twinning Adviser
Definition
RTAs are civil servants or equivalent staff seconded to work and to be based in the
BC for at least twelve consecutive months to a maximum of 36 months.
RTAs are made available by MS administrations or mandated bodies to counterparts
in BCs through EU funding.
The seconded experts covered by these provisions remain in paid employment in their
national administration or mandated body throughout the period of secondment.
RTAs must in principle be nationals of a MS of the EU.
Qualification of RTAs
To qualify for secondment, RTAs must have at least three years’ experience in
activities related to the implementation of the EU acquis in the area covered by the
Twinning project fiche, to the pertinent legislative process or to other actions referred
to by the Twinning project fiche covering their secondment.
RTAs shall have a rank equivalent to university level and should have a good working
knowledge of English, French or German.
Status of RTA
In the host country, the RTAs’ status is that of technical experts. Like other technical
experts, they are not automatically entitled to diplomatic status (they are not included
in the list of diplomatic staff), unless the MS grants this status or the BC extends such
privileges as a matter of courtesy.
15
Geographical scope and duration of secondment
For the purpose considered in the present section, three geographical areas are
identified as follows:
(i)
(ii)
(iii)
IPA - Candidate countries and potential candidates,
ENPI SOUTH Countries
ENPI EAST Countries;
As a rule, RTAs are seconded for at least twelve consecutive months, but no more
than three years in total in any one country. They must serve on a full-time basis. The
duration of the secondment is fixed at the outset in the Twinning Contract.
In the course of his/her professional life, any official of a MS administration or
mandated body can serve as RTA for a maximum of four assignments, only two of
which can be in the same geographical area. Regardless of the programme that is the
source of funds, no more than two Twinning assignments can be successive, without a
break between them.
If a RTA is proposed for a third assignment, the whole lapse of time stretching over
the three assignments must include at least one uninterrupted period of six months
during which the official concerned has been effectively performing duties in his/her
home administration, for re-acquaintance with the EU acquis and/or the pertinent EU
Policies.
If the RTA is proposed for a fourth assignment, the whole lapse of time stretching
over the four assignments must include at least one uninterrupted period of three years
during which the official concerned has been effectively performing duties in his/her
home administration, for re-acquaintance with the EU acquis and/or the pertinent EU
Policies.
These periods of respectively six months and three years are calculated from the day
following the end of the assignment of the RTA till the deadline for the submission of
proposals for the next project.
Duties
RTAs provide technical advice and assist the administration or other public sector
bodies in the BC in the context of a predetermined work-plan. They are in charge of
the day-to-day implementation of the Twinning project in the BC.
RTAs are, in principle, excluded from any official act whereby the host administration
exercises its public law prerogatives. Nor do they enter into a commitment on their
behalf or on behalf of the Commission, nor commit the Commission or the host
administration to any act compromising the exercise of its public law prerogatives.
RTAs may work in any field where their services are deemed necessary according to
the Twinning Contract, provided there is no conflict with the interests of their
administration or mandated body of origin.
RTAs carry out their duties and conduct themselves solely with the interests of the
host administration in the BC and those of the EU in mind.
16
RTAs abstain from any action and, in particular, any public expression of opinion,
which may reflect on their position.
RTAs who, in the performance of their duties, are called upon to pronounce on a
matter, in the handling or outcome of which they have a personal interest such as to
impair their independence, will immediately inform the MS Project Leader to whom
they report.
RTAs exercise the greatest discretion with regard to all facts and information coming
to their knowledge in the course of or in connection with the performance of their
duties; they will not in any form whatsoever disclose to any unauthorised person any
document or information not already made public. They continue to be bound by this
obligation after their period of secondment has terminated.
RTAs may not, whether alone or together with others, publish or cause to be
published any matter relying to their work with the host administration in the BC or
the EU without obtaining permission from the EU Commission and the beneficiary
administration with the conditions and rules in force in the country of their
assignment. Permission will be refused only where the proposed publication is liable
to prejudice the interests of the BC or the EU.
All rights to any work done by RTAs in the performance of their duties become the
property of the BC in question. The MS and the Commission will be permitted to use
the results of the work elsewhere by permission of the BC. Permission may only be
refused where the proposed use is liable to prejudice the interests of the BC or the
European Union, or where it is for commercial purposes.
RTAs reside in the place of assignment or at no greater distance therefrom, as is
compatible with the proper performance of their duties.
RTAs assist and give advice to the representatives of the partner institution in the BC
to which they are assigned; they are responsible to the MS Project Leader in respect of
the performance of the tasks entrusted to them.
Training of RTAs
RTAs, although experienced in their particular field, cannot always be prepared for
the significant demands imposed upon them by a Twinning project. For this reason
RTAs are given compulsory preparatory training at the Commission Headquarters,
prior to, or shortly after, taking up post in the BC. The training provided by the
Commission includes:



Introduction to the technical provisions of the Twinning Manual;
the contextual framework;
if applicable, an update on the latest acquis relevant for the Twinning project
and/or EU policy and co-operation in the relevant area.
Working conditions
RTAs are bound by the rules on hours of work in force in the host administration.
They are not authorised to work part-time.
Management and control of leave and working time are the responsibility of the MS
Project Leaders and their BC counterparts.
17
2.3.
The Twinning “Work Plan”
Most Twinning projects call for the co-ordinated deployment of a variety of means.
These may also include traditional Technical Assistance and counsel, in cases where
specific expertise cannot be provided by public administrations, e.g. public
information campaigns or software development. See sections 5.12 on private sector
subcontracting, and 7.6 for details on tendering, procurement and contracting, or
Annex A4 to the Twinning Contract.
The various means deployed in pursuit of a given objective together form a Twinning
‘work plan’. This includes also all actions undertaken by the BC to reform its
legislation and institutions, supported by:
 full-time long-term secondment of a MS practitioner (RTA);
 missions (short-term, medium-term) by specialised experts;
 seminars, workshops, internships, study visits, training and training of trainers;
 intangibles – software, documentation etc.;
 other services considered necessary to ensure the success of the project.
The work plan details all the actions necessary to achieve the mandatory results, the
order in which they must take place and the person responsible for each one. Inputs
include work carried out by the BC (e.g. in passing appropriate legislation) and
whatever counselling, training and know-how the MS commits to. Most emphasis
should be placed on the reforms to be introduced by the BC, which will be crucial to
the success of the Twinning project and the achievement of the desired objective.
For example, introducing VAT in a country where it does not yet exist requires the
development, introduction and enforcement of legal and fiscal legislation and rules for
company accounts and invoicing. It also requires appropriately organised Tax and
Treasury departments, appropriate administrative computerisation, with new software,
specialised training for the public servants that will have to make the system work,
and a general information programme for the public.
None of the actions undertaken within a work plan can be considered an end in itself.
They are not funded through a Twinning project unless they serve a specific purpose
and directly contribute to achieving the mandatory results.
These objectives are first and foremost achieved by means of a direct transfer of
public sector expertise and know-how to the beneficiary administration. The final
ownership of the mandatory results of the Twinning project will rest entirely with the
BC.
2.4. Role of the Beneficiary Countries (BC)
Twinning can only work if the BC is fully determined to carry out the reforms and
reorganisation needed in accordance with the policy priorities set in the context of
enlargement or other fields of co-operation with the EU. Twinning activities are best
suited to projects where the goal is relatively clear and where the input of
18
administrative expertise is crucial. In certain other cases, it might be appropriate to
use traditional Technical Assistance in order to define the options for reform before
proceeding to a detailed Twinning project.
The BC is committed at a number of levels:
 BC administrations work with the Commission to develop specific Twinning
projects in the context of the programming exercise;
 BC is committed to the implementation of Twinning projects to achieve the
mandatory results. This commitment includes both high level political commitment
and a more practical commitment of BC human and financial resources.
For each Twinning project, the BC administration concerned must contractually
commit itself to achieving the mandatory results required. The formal commitment
made by a BC will be in the form of a ‘Twinning Contract’ (see sections 3.8 to 3.10).
This constitutes the contractual framework for implementing the Twinning project
and specifies the obligations of both the MS and the BC.
A Twinning work plan is therefore more than just a list of the services to be provided
by one or more MS to the BC. It must also, and primarily, set out the domestic tasks,
which enable the BC agencies and departments to reform, or even create, themselves
throughout the process. The BC must therefore include in the work plan details of the
departments or bodies concerned, the official(s) responsible for the changes to be
made and for achieving the desired outcome, availability of appropriate office space
and logistics, the budgetary resources to be mobilised and the timetable for the work it
will itself undertake at each stage of the project's progress. This domestic planning
and preparation is crucial to the absorption of the MS contributions and the
programme's smooth and uninterrupted progress.
BC National Contact Points
Each BC has a National Contact Point (NCP) for Twinning, who has an important role
in the development and co-ordination of Twinning activities.
Specifically, the BC NCP has the role of:





Central point of communication between the Commission and the BC, as well as
central contact point for other BC and MS NCPs;
Channelling information to BC Ministries and other relevant public bodies and
coaching them on the process and development of Twinning projects and the
subsequent contracts;
Co-ordinating the administration of all Twinning activities in the BC and
removing any horizontal administrative obstacles;
Training BC administrations involved in Twinning in the procedural, financial and
technical provisions of the Twinning manual;
Attending Commission meetings with other BC and MS NCPs.
2.5.
Role of the MS
Twinning as a mechanism for assisting BCs to adopt, implement and enforce the
acquis or other policy objectives, relies entirely on the efficient administrative co19
operation of MS public administrations or mandated bodies with their counterparts in
the BC.
●
A MS involved in a Twinning project must contractually commit itself to
achieving the mandatory results;

The Commission will only provide funding to cover MS costs once this
commitment has been made.
The formal commitment made by a MS will be in the form of a ‘Twinning Contract’
(see sections 3.8 to 3.10). This constitutes the contractual framework for
implementing the Twinning project and specifies the obligations of both
administrations in the MS and the BC.
MS National Contact Points
Each MS has a National Contact Point for Twinning (NCP), who acts as a single
interlocutor for the Commission. This individual has an important role in the
promotion, development and co-ordination of Twinning activities.
Specifically, the MS NCP has the role of:

Central point of communication between the Commission and the MS, as well
as central contact point for BC NCP and other MS NCPs;

Channelling information to MS ministries and other relevant administrative
bodies and advising them on the process and development of Twinning projects
and the subsequent contracts;

Co-ordinating the administration of all Twinning activities in the MS and
removing any common administrative obstacles (e.g. accounting for
reimbursements);

Providing assistance in case of problems in the negotiation of consortium
agreements between MS;

Filtering, submitting and certifying Twinning project proposals and where
applicable also certifying the accuracy of consortium proposals after
consultation of the proposed junior partner's NCP;

Attending Commission meetings with BC and other MS NCPs;

Certifying the accuracy and veracity of the information provided by semipublic bodies requesting mandated body status.
2.6.
Role of the Commission
2.6.1.
General role of the Commission
The Commission sets the legal, financial, and procedural framework for Twinning
projects. It acts as a facilitator and guardian of fair, transparent and consistent
application of the Twinning rules.
This includes establishing central co-ordination of Twinning, liaising with the
network of NCPs and co-ordinating the input of all stakeholders.
20
In general, the Commission's role therefore encompasses:
 General co-ordination, including establishing Twinning rules and procedures;
 Programming/Planning;
 Assisting in the design of project fiches;
 Accreditation or cancellation of mandated bodies;
 Approving the Twinning fiches;
 Publishing the Twinning fiches for information purposes before the launch of the
fiche to MS NCP;
 Checking that MS proposals meet the required standards;
 Providing initial RTA training at Commission Headquarters;
 Monitoring and evaluation of Twinning projects;
 Advising the partners in designing good work plan (including, under IPA, its
updating);
 Assessment of the objectives of the Twinning Contracts;
 Approving the Twinning Contracts;
 Participating in the Twinning project Steering Committees;
 Training of AOs;
 Organisation of NCPs Annual Meeting.
The exact scope/reach of the role of the Commission in the implementation of
concrete Twinning projects depends upon the management system (centralised,
decentralised or decentralised without ex-ante approval) and there are differences
between the Commission's role under IPA and under ENPI.
The prevailing Management system determines notably which institution will act as
Contracting Authority.
In the case of candidate countries and potential candidates, the Contracting Authority
can be the Commission, represented by the relevant EU Delegation (centralised
management), or the CFCE (decentralised management).
For the ENPI countries operating under decentralised management, the Contracting
Authority is the Programme Administration Office. For the ENPI countries working
under centralised management, the Contracting Authority is Commission represented
by the EU Delegation.
In general, Twinning partners should always refer to the Contracting Authority for
financial and contractual issues.
21
2.6.2.1. Specific Involvement of the Commission under IPA
For Twinning under IPA, the scope of the Commission's role (at Headquarters or EU
Delegation level) depends on whether or not the conferral of management power with
or without ex ante control has taken place.
This Manual reflects those changes and explains the different rules, which apply
respectively for those BC under centralised management, decentralised management
with ex ante control or decentralised management without ex-ante control.
Under centralised management and decentralised management with ex ante control
under IPA the Commission’s role can be summarised as follows:
 Programming;
 Circulation of Twinning fiches;
 Accreditation or cancellation of mandated bodies;
 Reception of Twinning proposals transmitted by MS;
 Dispatch of Twinning proposals to beneficiaries;
 Checking that the detailed proposals meet the required standards;
 Organisation of selection meetings;
 Communication of selection results to administration of present MS;
 Advising the partners in designing (and when appropriate updating) a good work
plan;
 Assessment of proposed Twinning contract in terms of content and finances;
 Issuing of a compulsory and binding opinion on the relevance of the work plan in
relation to the relevant EU policy objectives (acquis) and latest developments. This
opinion will however not cover financial and contractual aspects.
 Formal endorsement of the Twinning Contract following examination by the
Twinning Steering Committee (EU Delegation), expressing ex-ante control (if
applicable).
 Monitoring and evaluation of Twinning projects (approval of amendments
including the quarterly updates of the work plan , examination and approval of all
Twinning project reports);
 General co-ordination of the Twinning manual;
 Initial RTA training at the Commission Headquarters;
 Organisation of Twinning Review Missions;
 Evaluation
22
Under decentralised management without ex-ante control, the Commission is no
longer involved in the ex-ante control of the procedural, contractual and financial
aspects of Twinning projects. Its role instead focuses on the issuing of a binding
opinion on the relevance of the Twinning work plan in relation to the EU acquis and
its latest developments.
Compliance with this opinion is a pre-condition for the financing of the Twinning
project. Under this type of management, the Administrative Office must ensure that
this opinion is complied with in the Twinning Contract.
The Commission’s role under decentralised management without ex-ante control
under IPA can be summarised as follows:

Programming;

Circulation of Twinning fiches;

Accreditation or cancellation of mandated bodies;

Reception of proposals;

Dispatch of proposals to BC administration;

Issuing of a compulsory and binding opinion on the relevance of the work plan in
relation to the relevant EU policy objectives (acquis) and latest developments.
This opinion will however not cover financial and contractual aspects.

Initial Training of Resident Twinning Advisers;

General co-ordination of the Twinning manual;

General monitoring, controls ex-post or otherwise;
 Organisation of Twinning Review Missions;

Evaluation.
After accession to the European Union, the EU Delegations in the new MS are
transformed into Representation Offices with a different assignment. These
Representations do not comprise Twinning task managers who in the Delegations take
on help desk functions to assist the Twinning project partners. These functions will be
taken over by the Administrative Office in the BC concerned.
2.6.2.2. Specific involvement of the Commission under ENPI
The specific role of the Commission in projects funded by the ENPI depends on the
management mode. In direct centralised management mode the Commission
represented by the EU Delegation is the contracting authority. In decentralised
management, the beneficiary country is the contracting authority.
23
The Commission’s role under ENPI can therefore be summarised as follows:
Commission Role in centralised programmes (EU Delegation)

Approval of the Annual Work Plan

Backstopping and monitoring of Twinning activities;

Provision of guidance about the Twinning procedures;

Is the Payment agent (responsible for managing the funds of the Twinning project and making the payments);

Prioritisation of Twinning projects (together with the PAO);

Quality check and approval of the Twinning fiches;

Circulation of the Twinning fiches to MS NCPs;

Reception and registration of Twinning proposals transmitted by MS;

Verification of eligibility of proposals;

Dispatch of Twinning proposals to beneficiaries

Organisation and management of Selection meetings and Evaluation Committees;

Is the chair and voting member of the Evaluation Committee;

Drafting of the notification letter of outcome of selection to MS;

Quality check and approval of the Twinning Contract;

Signature of the Twinning Contract;

Notification of the Twinning Contract to the MS;

Participation to the Quarterly Steering Committees;

Approval of inception, quarterly and final report;

Collect and archive all the documents of the Twining project, and make them available to the audit and evaluation missions.

Organisation of Twinning Review Missions
Commission Role in decentralised programmes (EU Delegation)

Approval of the Annual Work Plan

Backstopping and monitoring of Twinning activities;

Provision of guidance about the Twinning procedures;
24

Quality check and approval of the Twinning fiches;

Attendance as observer of the selection meetings and the Evaluation Committee meetings for the selection of MS partners;

Follow-up preparation of Twinning Contracts;

Quality check and approval of the Twinning Contract;

Endorsement of the Twinning Contract;

Participating the Quarterly Steering Committees

Approval of interim quarterly reports and final report;

Execution of payments in relation to the Twinning Contracts.

Organisation of Twinning Review Missions.
25
2.7. Role of the Administrative
Beneficiary Country
Office
in
the
The Administrative Office (AO) is a body within the administration of the BC, which
has been designated to retain the overall procedural, financial and contractual
management of the Twinning projects. However, subject to the specificities described
below, the actual scope of its responsibilities varies depending upon the geographical
area and the applicable management system: centralised, decentralised with ex ante
control or decentralised without ex-ante control by the Commission.
2.7.1.
Role of the AO in IPA
Centralised management
In those candidate countries or potential candidates where management power has
not yet been conferred, centralised management applies and the EU Delegation
performs the role of contracting authority.
Decentralised management with ex-ante control
In those candidate countries or potential candidates where management power has
been conferred but ex-ante control has not been waived by the Commission, a Central
Financing and Contracting Entity (Unit/Agency/Department) acts as AO. The
CFCE is associated in the assessment, performed by the EU Delegation, of the
budgetary aspects of draft Twinning Contracts. Furthermore, it signs Twinning
Contracts after the consultation of the Commission Steering Committee and the exante approval by the EU Delegation; it acts also as the paying agent for the EU
contribution to Twinning projects (see section 7.1). The CFCE may be asked to be
responsible for tendering and contracting private sector inputs for goods and services
if the MS concerned cannot arrange the tendering itself (see section 7.6).
Decentralised management without ex-ante control
In those candidate countries and potential candidates where the Commission is
satisfied that all pertinent standards of reliability have been met, it waives the
requirement of ex-ante endorsement for project selection, tendering and contracting
and undertakes supervision on an ex-post basis.
The AO assumes sole responsibility for most of the functions previously performed by
the EU Delegation relating to the financial and administrative management of
Twinning projects.
Under decentralised management without ex-ante control the increased role of the
AO can be summarised as follows:
26

Registration of MS Twinning proposals;

Dispatch of Twinning proposals to final beneficiaries;

Checking that the detailed proposals meet the required standards;

Organisation and management of selection meetings and selection of partners;

Communication of selection results to administration of the present MS;

Assistance to project partners in drafting Twinning Contract and annexes;

Assessment of proposed Twinning Contract in terms of content and finances;

Request for Commission opinion on relevance of work plan in relation to the EU
acquis and subsequent modifications as necessary;

Drafting, signature and notification of financing decision to Twinning partners,
ensuring compliance with the Commission’s binding opinion upon the relevance
of the work plan;

Payments;

Monitoring of implementation (e.g. side letters, updates of the work plan,
attending project steering committees);

Approval of amendments;

Approval of compliance with jointly agreed objectives of the Twinning project;

Approval of request for final payment;

Receipt, examination and approval of all Twinning project reports.
This overall responsibility of the AO implies that the AO must have the adequate
authority to ensure the effective supervision (both for financial and operational
aspects) over the respective line ministries and administrations, which prepare, host
and implement the Twinning projects in the BC.
This responsibility of the AO should however not endanger the scope of commitment
and ownership of the Twinning administrative partners (the beneficiary
administration and the MS administration). It is indeed the host administration in the
BC which negotiates the joint work plan with its counterparts in the selected MS
administration and implements it subsequently.
The AO organises the appropriate checks and controls to ensure compliance with the
full breadth of its overall responsibility.
This division of responsibilities is reflected in the provisions governing the signature
of the Twinning Contract.
27
2.7.2.
Role of the AO in ENPI
In the ENPI context, the Programme Administration Office (PAO) is the AO.
Decentralised:
The overall responsibility of the AO implies that it must ensure adequate supervision
covering both financial and operational aspects. The AO also deals with requests for
payment and administrative procedures in relation to Twinning projects.
This responsibility of the AO should however not endanger the scope of commitment
and ownership of the Twinning administrative partners (the beneficiary
administration and the MS administration). It is indeed the host administration in the
BC which negotiates the joint work plan with its counterparts of the selected MS
administration and implements it subsequently.
The AO organises the appropriate checks and controls to ensure compliance with the
full breadth of its overall responsibility.
The AO has broader responsibilities than only managing Twinning projects. It is
involved in the elaboration of the Annual Work Plan (AWP), which contains a
summary draft of the Twinning fiches, based on the requests submitted by the Focal
Points of the beneficiary administrations and institutions in the BC. The AO is also in
charge of compiling any proposals for modification of the AWP and preparing the
draft agenda to it.
If necessary it assists the Focal Points in the beneficiary institutions/line ministries in
the preparation of their requests in particular by advising on eligibility conditions
and procedures.
The AO is set up by the Supervisory Ministry, which is the institution that signs the
Financing Agreement, and thus is the Contracting Authority of the Twinning
Contract. The Supervisory Ministry is responsible for the activities of the AO.
Specific approval procedures of the AWP and its modifications are detailed within the
Specific Financing Agreement.
The AO is also the central point of communication between the European Commission
and the Beneficiary Administrations and between the MS Administrations and the
Beneficiary Administrations.
Centralised
In a centralised framework, the AO has an important role in the whole Twinning
cycle of the project: for example, the drafting of the TORs of the Framework contracts
(identification missions) and the quality control of Twinning fiches and contracts.
The AO is also the central point of communication between the European Commission
and the Beneficiary Administrations and between the MS Administrations and the
Beneficiary Administrations.
28
In a decentralised context the AO role in Twinning can be described as follows:

Circulates the Twinning fiches to the MS NCPs;

Receives the Twinning proposals from the MS;

Dispatches Twinning proposals to beneficiaries and EU Delegations;

Checks that the detailed proposals meet the required standards;

Is responsible for the organisation, chairmanship and management of selection meetings;

Nominates a voting member of the evaluation committee for the selection of partners (ideally the PAO manager for Twinning);

Is responsible for the good financial management of the Twinning project and compliance with EC rules;

Assesses the proposed Twinning Contract in terms of content and finances;

Signs the Special Conditions of the Twinning Contract;

Approves the requests for payment, monitors the implementation of the Twinning project, in close collaboration with the beneficiary institutions and the Commission;

Collects and archives all the documents of the Twinning project, and makes these documents available to the audit and evaluation missions;

Processes side letters and addenda

Approval of Final request for payment;

Receipt, examination and approval of all Twinning project reports;

Acts as the secretariat of the Programme Steering Committee.
In a centralised context the AO’s role in Twinning can be described as follows:
 The AO has an essential role in the whole Twinning cycle of the project: for example, the drafting of the TORs of the Framework contracts and the quality control of
Twinning fiches and contracts.
 The AO is the central point of communication between the European Commission and the Beneficiary Administrations and between the Ms Administrations and the
Beneficiary Administrations.
 The AO drafts a reference programming document for the Twinning projects in the Beneficiary country.
 The AO assists the EU Delegation in the organisation and management of selection meetings
 The AO assists the Delegation to check that the detailed proposals meet the required standards;
 The AO, together with the Commission, checks that the good financial management of the Twinning project is in compliance with EC rules;
 The AO receives and examines all Twinning project reports.
 The AO supports all Twinning stakeholders, including beneficiary administration, Member States and the EU Delegation.
29
PART B
PREPARATION OF TWINNING PROJECTS
30
Twinning Project Cycle Overview
Identification of Project: Beneficiary Country identifies needs within European
Commission policy orientations and drafts Twinning Fiches with the assistance of the
European Commission or the assistance of a framework contract
↓
Call for Proposals: Circulation of Twinning fiches to Member State National Contact
points highlighting mandatory results (section 3.1.1)
↓
Submission of Proposals: Member State(s) – alone or in consortium – prepare(s) and
submit(s) a proposal with designated RTA and PL explaining key points of approach how
to achieve the targeted results (sections 3.1.2 and 3.1.3)
↓
Selection of Twinning Partner: The Beneficiary Country assesses proposals and
following presentation by Member State RTAs and PLs, makes final selection (section
3.5); under ENPI in centralised management, the BC participates to the selection
committee.
↓
Preparation & Finalisation of Twinning Contract: The Member State Administration
selected and the Beneficiary Country Administration together, with the assistance of the
CA, draw up the Twinning contract with detailed Work Plan and Budget (section 3.8) –
Under IPA, the details for at least the first six months of operations are compiled in the
form of a side letter, defined as 'operative side letter'.
↓
Review and Signature of Contract with EC input: European Commission and
Administrative Office assess Twinning Contract through Steering Committee /
consultation with line DGs. The Twinning Contract is signed by all Parties (section 3.9
and 3.11)
↓
Project Implementation: Focusing on achievable targets, RTA in place is in charge of
the day to day implementation of the project in the Beneficiary Country together with the
RTA counterpart. The project is coordinated by the MS and BC Project Leaders.
↓
Under IPA: Quarterly Update of Work Plan and Budget: on a quarterly basis the
Project Steering Committee details and updates the Work Plan activities for the following
six months (section 4.1.2)
↓
Monitoring & Reporting: progress is monitored by EU Delegation and Beneficiary
Country Administrative Office and is measured by Interim Quarterly Reports and a Final
Report
↓
Audit : Twinning Project is audited by external auditor and possibly by Court of
Auditors
31
Section 3: Submission and Selection of Proposals
3.1.
Call for Proposals
3.1.1
Call for Proposals
For each geographical area involved, the projects suitable for implementation
through Twinning are identified in the course of the programming exercise.
Once approved by the competent authority the Twinning fiches are circulated
simultaneously to all MS via the NCPs for Twinning inviting their MS
administrations to submit proposals for the implementation of the project.
Each Twinning project fiche can only include one Twinning project.
It is up to the MS NCPs to circulate the Twinning fiches among their ministries,
administrations or institutions and to co-ordinate a response, as well as to ensure
compliance with the minimum proposal criteria, as detailed in Annex C2 of this
Manual (template).
As a matter of information and for the record the calls for Twinning proposals are
published on the website of the Directorate General in charge.
3.1.2
Submission of Proposals
In general, MS have six to eight weeks (six weeks for a Twinning Light and eight
weeks for a Twinning) to prepare their proposals (the month of August should not
necessarily be counted). The respective deadline is clearly stated in the email
message circulating each Twinning fiche.
The deadlines for submission of proposals for the respective BC are co-ordinated
so as to avoid overlapping and ensure an orderly planning of selection meetings.
In making their proposals, MS administrations cannot behave like commercial
actors. Since prices and rates for the reimbursement of expenses incurred by the
MS administrations are fixed, MS make their proposals based purely on what is
perceived as the comparative advantage of their administrative system and the
quality and experience of their administrative experts.
Simple expressions of interest are not considered eligible. The proposals made by
the MS are expected to show a certain degree of preparation. At this first stage, in
response to the Twinning fiches, proposals should follow the format in Annex C2
of this Manual – template for proposal. This must include certain information as a
minimum for the proposals to be accepted.
The proposal made by the MS should be described in a concise document (with
the emphasis on the suggested methodology and its relative added value. In
general terms, the proposal should be detailed enough to respond adequately to the
Twinning project fiche but should not be a fully elaborated project. It should
explain the key points of the approach of the MS but not all the possible activities.
32
Particular attention should be paid to the comparative advantage of the
participation of the MS Administration in the Twinning Project Any proposal must
comply with the Twinning rules.
Note that the MS that submits incomplete proposals (e.g. without RTA or
addressing only part of the scope of the project) will only be invited to selection
meetings if another MS has submitted a full proposal including an RTA. For each
Twinning project fiche, MS (administrations or mandated bodies) making a
proposal may do so only once, i.e. individually or as participant in a specific
consortium.
The deadline for submission of proposals must be complied with, in order to
ensure transparency and equal treatment of all participants.
As a rule, the NCPs of the MS submit proposals by email to the Contracting
Authority services and the BC within the indicated deadline.
33
3.1.3
Basic rules for the submission of Twinning proposals:

The proposals must be fully in line with the Twinning rules.

The proposals made by a MS have to respond clearly to the Twinning project
fiche in order to be eligible. Mere expressions of interest are not sufficient;

For each Twinning project fiche, each MS (represented by an administration or
mandated body) may only submit one proposal either individually or as
participant in a consortium;

The proposals have to be received by the deadline. Remember verifying the
email addresses and always request a confirmation of receipt of the submitted
proposals. Do not send the proposals to an individual official but to the email
address(es) (mailbox) indicated in the call for proposals;

The Twinning reference code and the title of the Twinning project fiche
are indispensable in order to avoid confusion between projects. Always state
the Twinning reference and the title at the beginning of the Twinning proposal;

It must be explicitly indicated which MS/s is/are presenting the proposal. It
must also be clarified already in the introduction if the proposal is submitted
by a consortium. In case of a consortium proposal, the NCP of the Lead MS
must certify the accuracy of consortium proposals after consultation of the
junior partner's NCP (see section 3.4);

If the Twinning proposal foresees the participation of a mandated body, it
must be ensured that it is approved by the Commission before presenting the
proposal. Only mandated bodies approved by Commission Headquarters are
eligible Twinning partners.

The full contact details (including phone, fax and e-mail) of the MS Project
Leader responsible of the implementation of the project (also including the
contact details of the junior partner) are essential.

The proposals must specify the relevance of the MS systems to the BC.

The proposals must describe a suggested strategy for implementation of the
project, with reference to the objectives and mandatory results. The proposal
should be concise but should provide a clear outline in order to respond
adequately to the Twinning project fiche.

The proposals must be submitted in the form of one consolidated document in
an electronic format including the CVs in EU format of the PL and the
RTA (as well as of, component leaders or other outstanding short term experts,
if relevant).

The templates provided in Annex C2 of this Manual have to be used to submit
the proposal.
34
3.2.
Specific cases
For ENPI :
Once the Delegation considers the Twinning project fiche of good quality, it shall
consult line DGs especially with regard to the EU acquis and/or EU policies
related to the project. If Delegation does not receive any feedback from the line
DGs within two weeks from the date of dispatch of the project fiche, the project
fiche is deemed to be approved by the latter.
As a result of this consultation, EU Delegation revises the project fiche, taking
into account the remarks from line DGs (centralised) or sends the consolidate
comments (EUD and line DGs) to PAO (decentralised) for its revision.
Once the fiche is ready for distribution and the Annex C9 and Twinning fiche is
published on EuropeAid’s website, the AO (decentralised) or the Delegation
(centralised) launches the call for proposals via the MS National Contact Points
for Twinning with copy to the EU Delegation/ AO. The notification must specify
the deadline for questions and answers, the deadline to receive proposals and the
indicative date of the selection meetings.
3.3
Public Administrations and Mandated Bodies
In principle, the MS Twinning partner is headed by a public administration, even if
some very specific items may be handled by private subcontractors (see section
5.12). Any MS administration is automatically eligible as a Twinning partner.
However, a MS may propose that semi-public bodies be mandated to implement
Twinning projects according to the same conditions as if they were an integral part
of the administration
The reasoning behind assimilating certain semi-public bodies to administrations is
that some MS have outsourced or are in the process of outsourcing and privatising
parts of their administration. The know-how required for Twinning projects is
therefore sometimes located outside the administration.
The accuracy and veracity of the information on semi-public bodies is guaranteed
and certified by the respective NCP. These requests will be considered on a case
by case basis. Proposals must be justified and satisfy the criteria below. The
Commission Headquarters may accept or refuse proposals and maintains an openended list of semi-public bodies mandated to act in lieu of public administrations.
35
The Commission has set five cumulative qualifying criteria for mandated
bodies:
1) proven competence in a field of the EU acquis or the Twinning project
fiche’s relevant field of administrative co-operation,
2) non-profit structure, non-commercial business purpose,
3) public ownership,
4) under the permanent and structural supervision of a government
authority, and
5) a sufficient and proportionate level of permanent staff. This means, inter
alia, that the permanent staffing has to be commensurate with the requirements
of the project so as to avoid the need to subcontract or temporarily hire experts
for carrying out Twinning assignments.
The NCP will keep the Commission informed about any changes to the status of
the mandated bodies with respect to the five qualifying criteria.
In addition to that, the list of mandated bodies is periodically reviewed by the
Commission in view of compliance with the criteria stated above. In the case
a mandated body no longer complies with these criteria, the mandated body will
be removed from the list.
In some cases, where criterion 2 and/or 3 is only partially fulfilled, the mandate is
restricted subject to an exclusion from commercial tenders in the direct follow-up
to the Twinning project.
This means that the mandate may not in any way distort competition, i.e. confer
onto the body any direct or indirect, immediate or ulterior commercial advantage.
In application of this principle, the Commission may make its approval of funding
conditional on a clause temporarily restricting the mandated body's commercial
activities.
Mandated bodies involved in Twinning projects are thus in principle not excluded
from providing Technical Assistance under commercially tendered contracts. They
must however be excluded from tendering commercially for follow-up contracts to
the Twinning projects, if their involvement gives them a commercial advantage.
They are also excluded from making a proposal for a Twinning project where they
have been involved in drafting the Twinning project fiche (or terms of reference).
By the same token, mandated bodies must not include in their proposal/contract
any expertise that was involved in the drafting of the fiche.
There are many bodies in the MS which could satisfy the formal criteria to be
mandated but which can only make a small, very specialised contribution to a
Twinning project (i.e. phytosanitary laboratory training). Their inclusion in the
consolidated list is therefore not necessary and they can be given an ad hoc
mandate.
36
Mandated bodies must be approved by Commission headquarters before
presenting proposals. The Commission cannot guarantee financing of the project,
if a BC selects an institution which is not yet included in the list.
In the exceptional case that a mandated body has applied for a limited increase in
fees as explained in section 5.4, these increased fees must have been approved
before presenting proposals. In other words, only mandated bodies approved by
the Commission (HQ) are eligible Twinning partners and their experts may only
charge the standard fees or the approved rates published in the list of mandated
bodies entitled to act in lieu of public administrations.
By submitting a request to the Commission for the approval of a mandated body,
the MS NCP acknowledges that mandated bodies should not be used as umbrella
organisations to include the participation of private sector experts (or experts of a
NGO) into the implementation of Twinning projects through limited contractual
assignments. Temporary employees of mandated bodies must be contractually
linked to these bodies for at least 6 months prior to the start of their assignments.
3.4
Member State Consortia
It may be desirable for more than one MS to be involved in a Twinning project.
This could be decided prior to the original proposal submission (joint proposal). It
could also be decided during the selection process, since the BC may wish to
diversify its exposure to experience by requesting the involvement of one
additional MS.
In that case, the BC should ensure that the chosen MS are prepared to enter
into a consortium and work together, before confirming its choice.
The Commission is positively disposed to more than one MS being involved in
any Twinning project, with a view to forestalling the temptation of simply copying
a MS system and providing opportunities for MS with less experience of
administrative co-operation to participate in Twinning.
Experience has shown that large consortia generate management problems and
high costs to the detriment of the potential added value.
Generally, no more than two MS should be involved in a Twinning project. It is
only exceptionally and subject to detailed justification that consortia of up to three
MS may be accepted.
Only a MS prepared to commit itself at an institutional level (administration or
mandated body) to implementing part of the project under its own responsibility,
subject to overall co-ordination by the lead MS, is considered a full partner in a
consortium and will be mentioned in the statistical overview. To support the
institutional commitment, the MS has to designate a junior Project Leader.
If an administration or mandated body from any MS simply provides an expert for
ad hoc participation in the Twinning project, without taking responsibility for
his/her activities, that institution or body is not a partner and is not required to sign
a consortium agreement. In this case, the expert provided contributes to the
37
Twinning project under the authority and the responsibility of the MS Project
Leader. It is the Project Leader’s responsibility to ensure the availability of the
expert and to define the details of his/her involvement.
The agreement of a consortium to prepare and deliver a Twinning project will
raise important practical management issues, even at the project preparation stage.
It is vital that partner Member States agree a clear division of responsibilities and
establish efficient channels of communication to maximise their efficiency in
preparing and implementing the project. These issues should be addressed in the
consortium agreement between the lead MS and the junior MS partner (Refer to
section 4.3 for further information on the practical implications of MS consortia).
3.5.
Selection of the Twinning Partners
The decision to call on Twinning expertise implies that the BC administration is in
need of public sector expertise to achieve the mandatory results, which could not
be obtained through traditional private sector Technical Assistance. In itself this
choice reflects a cost-benefit analysis in the broad sense.
Equal opportunity and transparency must be maintained between all MSs
involved. The Contracting Authority (Commission or AO) sets a deadline for the
final beneficiary administration to make a decision on the choice of the Member
State partner. Such deadline falls in the three weeks following the selection
meeting. Once the decision taken, it is communicated with no delay to all MSs
having submitted proposals.
In order to keep a transparent and fair competition between all MS involved in a
Twinning selection process no direct contact linked to the project fiche is allowed
between MS and beneficiary administration in the period starting with the call of
proposals and ending with the final selection notification (except as framed by the
Guidelines for Fact Finding Missions, see Annex C16).
The BC may ask the proposing MS to join forces and execute a project as a
consortium; the decision is subject to the agreement of the MS involved. Since the
rates and fees set for the transfer of public sector expertise through Twinning are
fixed, the selection of the MS Twinning partner will be based on the methodology
proposed, the affinity with the administrative system in place in that MS and an
analysis of the quality and experience of the experts proposed by the respective
MS. The BC makes its choice based on objective criteria.
The choice of the Twinning partner is left to the Beneficiary Country; under ENPI
in centralised management, the BC participates to the selection committee.
Guidance for the presentation of proposals is given in Annex C3 (see section 3.2
regarding incomplete proposals).
38
Selection meetings

The purpose of these meetings is for the BC to assess the quality of the
expertise offered by the MS in order to make its choice;

The BC delegation should include at least the Project Leader and RTA
counterpart and the BC NCP;

The MS delegation should always include the proposed Project Leader and
RTA(s).

Both the written proposal and the oral presentation will be assessed.

Selection meetings always take place in the BC, as an indication 14-15
calendar days after the submission deadline. Eligibility and compliance checks
have to be performed before the MS are formally invited to the selection
meeting. The date of the selection meeting is indicatively inserted in the email
message accompanying the circulation of the project fiches to the MS NCPs.

During the selection meeting, for each proposal approximately 30 minutes are
given to the presentation of the MS and 30 minutes for Q/A.
Feedback
The Contracting Authority communicates the choice of the selected Twinning
partner at the latest within three weeks after the date of the selection meetings. In
case this deadline is not respected for any reason, a MS can notify that it is no
longer bound by its proposal. In such case the Twinning Fiche may be recirculated.
The CFCE or the EU Delegation (under IPA) or the Contracting Authority (under
ENPI) provides feedback to each MS that has submitted a proposal and/or made a
request to participate in the call for proposals. Information on the reasons that
motivated the selection or rejection constitutes valuable feedback for MS
administrations to plan and adapt a future strategy on submitting proposals. MS
are entitled to receive such feedback including a copy of the strong and weak
points appearing in point 5 (Conclusion and recommendations) of Selection Fact
Sheet (IPA - Annex C7 for Standard Twinning and C7 bis for Twinning Light) or
Evaluation Grid Twinning Selections (ENPI - Annex C8). This information will be
part of the notification letter of the results to successful and unsuccessful MS.
3.5.1.
Selection under IPA
Registration of proposals
The Commission takes note of the proposals received from the MS, while the BC
registers them. In order to ensure transparency, all MS are informed by the
Commission of the number and origin of proposals received for each Twinning
project fiche.
39
Selection Meetings
In BCs under centralised or decentralised management with ex-ante control:
Once the proposals are received by the Commission Headquarters (Twinning
Coordination Team), they are briefly reviewed and then forwarded to the relevant
EU Delegation. The Delegation checks the eligibility and administrative
compliance, using the "administrative compliance and eligibility grid" reproduced
in Annex C.6.
In BCs under decentralised management without ex-ante control, the EU
Delegation, in close cooperation with the AO, organises and chairs meetings
between the MS administrations which have submitted proposals and the relevant
beneficiary administrations. Annex C3 offers guidance to MS on key points to
cover during their oral presentations (please refer to section 3.2 regarding
incomplete proposals).
As a rule, selection meetings take place in the EU Delegation and are chaired by
the Commission, generally by the Head of Operations. The Commission
guarantees transparency, non-discrimination and equal treatment of all proposals.
A Selection Fact Sheet shall be used. A template is provided in Annex C7(C7 bis
for Twinning Light). It takes into account qualitative aspects of the proposal and
the presentation, the experience of the proposed RTA, the experience of the
organisation in co-operation projects, the proposed working methods, etc.
The Selection Fact Sheet shall be completed for each MS proposal presented
during the selection.
Notification of results
The AO notifies the results individually to the NCP of the successful and the
unsuccessful MS, copying the applicant MS administration.
Where the Commission is not the Contracting Authority, the EU Delegation will
always be sent copies of the notification letters. In all cases, copies of the
notification letters are also sent to Commission Headquarters.
The notification letter sent to the selected MS spells out rights and responsibilities
and represents the green light for the administrations involved to proceed with the
drafting of the Twinning Contract. The Commission will publish a summary of all
final selections of each BC, once the selection process is completed.
Decentralised management without ex-ante control:
The AO in charge of Twinning communicates the final choices of the Beneficiary
administration to the MS partners individually, with copy to the MS NCP and the
Commission headquarters. This letter spells out rights and responsibilities and it
represents the green light for the administrative partners to proceed with the
drafting of the Twinning Contract. The Commission will publish a summary of all
final selections of each BC, once the selection process is completed.
3.5.2.
Selection under ENPI
The evaluation of the submitted proposals is organised in three steps: The first is
the receipt, registration and the administrative check of the proposals, the second
40
step consists of the presentation of the proposals by the MS at the BC (called the
"selection" meeting) and the third and last step is the evaluation as such of the
proposals.
The participation of observers must be submitted for prior approval to the
Commission.
(1) Receipt, registration and administrative check of the proposals
MS via their NCPs submit written proposals (which have to include the elements
as described under section 3.2.) to the Contracting Authority.
After registration, a copy of the received proposals is sent to the EU Delegation by
the AO (decentralised) or to the AO by the EU Delegation (centralised).
The relevant Contracting Authority sends an e-mail to all NCPs informing them
which MS has submitted a proposal.
Proposals shall then be subject to an administrative check which will assess
whether they satisfy all the applicable eligibility criteria mentioned in the checklist
(Annex C6 of this Manual). Ineligible proposals will be disqualified from the
evaluation process.
The relevant Contracting Authority sends an e-mail to all MS Administrations
which have sent an eligible proposal inviting them to participate in the selection
meetings with copy the MS NCP and the Commission.
(2) Selection Meeting
After the administrative check of the proposals, the contracting authority
organises the so called "selection" meeting ,with the assistance of the Delegation
or the PAO where appropriate, during which the proposals are orally presented
by the MS in charge of the proposed action.
Participants to these selection meetings are:
DECENTRALISED MANAGEMENT

MS Representatives, (mandatory participation of the MS PL and the RTA)

Contracting Authority (AO): non-voting Chairman, non-voting Secretary,
at least 1 voting member, possible observer/s

Beneficiary Administration: at least 2 voting members

Observers: representative from the EU Delegation
CENTRALISED MANAGEMENT

MS Representatives, ( mandatory participation of the MS PL and the RTA)

Contracting Authority (Commission): non-voting Chairman, non-voting
Secretary, at least 2 voting members
41

Beneficiary Administration: at least 1 voting member

Observers: representative from the AO
(3) Evaluation Committee
The evaluation of the proposals (step 3) that follows the selection meetings is done
by an evaluation committee appointed by the contracting authority and which
comprises a non-voting Chairman, a non-voting Secretary and an odd number of
voting members (a minimum of three). The voting members must possess the
technical and administrative capacities necessary to give an informed opinion on
the proposals.

This evaluation committee must be nominated by name by the Contracting
Authority. In the case of decentralised management mode, the CA will inform the
Commission. The composition of the evaluation committee is considered approved
if after 5 working days the Commission (or AO when applicable) has raised no
objection.
The participation of observers must be submitted for prior approval to the
Commission.
All the members of the evaluation committee will sign a declaration of impartiality
and confidentiality.
The evaluation committee will make its choice based on objective criteria. An
evaluation grid (Annex C8) will be used for the scoring of the proposals.
The grid takes into consideration the qualitative aspects, the presentation, the
experience of the proposed RTA and of the PL, the experience of the organisation
in co-operation projects, the proposed working methods, etc.
The entire evaluation procedure is recorded in an evaluation report and submitted
for approval to the Contracting Authority.
Where the Commission is not the Contracting Authority, the Contracting Authority
will submit the results of the evaluation process for prior approval of the
Commission before notifying the results to the applicants.
Notification of results
The CA will be in charge of notifying the results individually to the NCP of the
successful and the unsuccessful MS, copied to the applicant MS administration
(see above 3.5 "Feedback").
Where the Commission is not the Contracting Authority, the EU Delegation will
always be in copy of the notification letters.
The notification letter sent to the selected MS will spell out rights and
responsibilities and it will constitute the green light for the administrations
involved to proceed with the drafting of the Twinning Contract. The CA will
* Where the Commission is the Contracting Authority, the Commission informs the AO of the
composition of the evaluation committee.
42
specify in the letter the possible dates for the first preparatory mission in the BC
within the next two weeks.
3.5.3
Summary of
procedures:
registration,
selection
and
evaluation
Registration of
proposals
Selection meeting:
organisation and
chair
Evaluation Committee:
organisation and chair
IPA: centralised and
decentralised
management
European Commission
Headquarters
European
Commission (EU
Delegation)
Not applicable
Decentralised
management without exante control
European Commission
Headquarters
AO
Not applicable
ENPI Decentralised
Management
Contracting Authority
(Supervisory Ministry
or Director of AO by
delegation of tasks)
Contracting
Authority
(Supervisory Ministry
or Director of AO by
delegation of tasks)
Contracting Authority
(Supervisory Ministry or
Director of AO by
delegation of tasks)
Contracting Authority
Contracting
Authority
Contracting Authority
ENPI Centralised
Management
3.6.
(EU Delegation)
(EU Delegation)
(EU Delegation)
Summary of Selections – Information to
Member States
Under IPA, the Commission informs on a quarterly basis all MS NCP of the
outcome of the selections. Under ENPI, the Contracting Authority informs all MS
NCP of the outcome of each selection, once the selection process is completed.
3.7.
Possible Re-circulation
If it is not possible to select a Twinning partner from the first round of proposals,
the project may either be re-circulated a second time as a Twinning project, or
implemented under an alternative instrument. If, in case of re-circulation, the BC
43
still cannot select a suitable partner, it may be necessary to resort to an alternative
instrument or traditional Technical Assistance.
Under IPA, the IPA Management Committee will be informed about this
transformation. Under ENPI, the EU Delegation (Decentralised) or the PAO
(centralised) will be informed about this transformation.
In case of re-circulation, the Commission might limit to four/six weeks the period
allowed for the submission of proposals.
3.8.
Drafting of the Twinning Contract including
the Twinning Work Plan
Once the choice of the partner(s) has been made, it is entirely the duty and
responsibility of both Twinning partner administrations (MS and BC) to draw up
the Twinning work plan with a corresponding budget (see sections 4 and 5).
Together with the other annexes defined in this manual, these elements will form
the Twinning Contract. The structure of the standard Twinning Contract will
correspond to the following model:

Special Conditions (up-front document)

Annex A1: Work Plan (Description of the action) ;

Annex A2: General Conditions applicable to EU-financed grant contracts for
external Actions;

Annex A3: Budget for the Action (including co-financing part by the Final
Recipient of the Action);

Annex A4: Contract-award procedures;

Annex A5: Standard request for payment and financial identification form;

Annex A6: Expenditure Verification Report;

Annex A7: Special Financial Annex;

Annex A8: Mandates (if MS have formed a consortium).

Annex A9: CVs
It is important that the Twinning work plan reflects a clear strategy, linked to
measurable benchmarks, in pursuit of the mandatory results, rather than being
drowned in minute details. Moreover, the Twinning work plan should clarify the
input and contributions made by each of the Twinning project partners making
clear ‘who does what’.
In brief, the essential elements of the Twinning work plan are the mandatory
results (e.g. functioning phytosanitary inspection) and a long-term seconded expert
(RTA, minimum 12 consecutive months maximum 36 months).
44
Other elements are: Project Leaders on both sides with an overall appreciation of
the problems and possible solutions, capable of unblocking any problems and
guiding the process at the highest level; the role of the RTA counterpart; short and
medium-term expert visits; training, seminars, traineeships in MS, on-site visits,
design of software, etc.
The Twinning work plan (including, under IPA, the operative side letter prepared
together with the contract and the subsequent updates – see hereunder) details the
relevant organisation and methods, including work and time schedule, a very
precise division of tasks between the partners and a detailed breakdown of costs.
3.8.1 Drafting of Contract and Work Plan under IPA
General remark
Under IPA, Annexes A1 (work plan) and A3 (budget) of the contract can be
drafted in an abridged version, i.e. listing only the denomination of components
and activities (for the work plan) and the foreseen total expenditure per activity
and component (for the budget). Activities can also be grouped by quarter instead
than by month.
However, while drafting the contract, the partner administrations compile also a
document which develops the details of activities and of the corresponding costs
for at least the first six months of implementation of the project. This document
shall contain a full-length version of Annex A1 and Annex A3, including all the
pertinent details concerning the work plan (experts involved, number of
beneficiary participants, modality and duration of the activity, etc.) and the budget
(cost of travel, fees, per diems, management costs, etc.). It constitutes a side letter
('operative side letter') signed by the two Project Leaders at the same time of the
signature of the contract, of which it is not an integral part.
It will be updated at quarterly intervals by the Project Steering Committee.
General procedure
Twinning partners shall submit a draft Twinning Contract, with all the annexes
and integrated by the initial operative side letter, for assessment to the
contracting authority (respectively the EU Delegation, the CFCE or the AO)
within six weeks of notification of the selection.
The EU Delegation in case of centralised management, the CFCE and the EU
Delegation in case of decentralised management with ex ante control, or the AO
in case of decentralised management without ex-ante control are committed to
formulating a consolidated substantial and financial feedback within no more
than three weeks. The Financial Officer-Financial Controller in the Delegation
or, in the case of decentralised management without ex-ante control the
competent official of the AO, ensures that the draft Twinning Contract complies
with the Financial EC rules and procedures.
Upon reception of the consolidated comments, the MS and the BC partners have
three weeks to amend the Twinning Contract. The contracting authority and the
CFCE will verify the amended version (taking into account their earlier
consolidated comments) and gets back to the Twinning partners within a
maximum of 2 weeks.
45
Provided all comments are fully addressed, the overall target is to conclude
finalisation, consultation of the HQ Steering Committee and notification within a
further four weeks, so that projects can become operational in about four months
following the selection notification.
The operative side letter detailing activities and budget for at least the first six
months of operations does not need to be submitted to Steering Committee at
Headquarters. The MS and BC partners must however take into account possible
comments formulated by the contracting authority (as well as by the EU
Delegation in case of decentralised management with ex ante control), introducing
the pertinent amendments.
Consequences of failure to submit the draft Twinning Contract:
If the MS and BC partners do not produce a draft Twinning Contract for
submission to the EU Delegation, the CFCE or the AO within six weeks of the MS
partner(s) being informed of their selection, the BC may review its choice of
partner or re-circulate the Twinning project fiche.
In this case, both parties will bear their respective preparation costs incurred in
the unsuccessful attempt to draft the Twinning Contract.
3.8.2 Drafting of Twinning Contract and Work Plan under ENPI
Twinning partners shall submit a draft Twinning Contract for assessment to the
Contracting Authority within a maximum period of two months from the
notification of the selection.
The Contracting Authority is committed to formulate a consolidated feedback
within no more than six weeks. The relevant Officer (EU Delegation in centralised
and PAO in decentralised) will ensure that the draft Twinning Contract applies
the relevant EC rules and procedures.
The Contracting Authority will verify the amended version and will get back to the
Twinning partners within a maximum of 3 weeks.
The overall target is to have the Twinning Contract signed within a maximum of 5
months from the selection notification date.
Consequences of failure to submit the draft Twinning Contract
If the MS and BC partners do not produce a draft Twinning Contract for
submission to the relevant authority as here above stated within two months of the
MS partner(s) being informed of their selection, the Evaluation Committee may
review its choice of partner or re-circulate the Twinning project fiche (see section
3.7).
In the case of second failure to reach agreement, the Programme Steering
Committee (whose composition is detailed in the Financing Agreement) will
decide upon an alternative instrument to carry out the project.
In these cases, MS and BC partners will bear the respective cost incurred during
the preparation of the Twinning Contract.
46
3.9.
Approval of the Twinning Contract
Once the Twinning Contract, and more especially the Twinning Work plan
(Annex A1) and Twinning Budget (Annex A3) (including – under IPA - the initial
operative side letter) have been negotiated and agreed upon by the Twinning
partners, they are submitted to be checked for their relevance with EU acquis or
with EU policy objectives.
Twinning partners are encouraged to work swiftly and in close cooperation, so that
the submitted Twinning work plan and budget constitute a mature, realistic and
efficient effort to achieve the mandatory results.
3.9.1.
Approval of the Twinning Contract under IPA
Once the partners have agreed on the content of the Twinning Contract and
annexes, they provisionally initial the work plan and budget and submit them for
assessment to the Commission Steering Committee at Headquarters via the EU
Delegation (in case of centralised management or decentralised management with
ex ante control) or the AO (in case of decentralised management without ex ante
control).
The EU Delegation or the AO submits the documents to the Commission Steering
Committee only if they consider that they are mature for examination by the
Commission Steering Committee.
The role of the Commission Steering Committee (as explained below) is to issue a
compulsory and binding opinion on the relevance of the Twinning work plan in
relation to the EU acquis and its latest developments at that stage.
The EU Delegation or the AO is informed of the Steering Committee’s binding
opinion in writing, with a copy to the partners, the CFCE (when appropriate) and
the NCPs of the respective MS and BC for the sake of expediency. The opinion of
the Steering Committee shall be reflected in the final version of the Twinning
contract.
The consultation procedure normally takes 15 working days. Compliance with this
opinion is a pre-condition for the financing of the Twinning project with EU funds.
In other words, the comments of the line DGs must be incorporated into the
Twinning work plan.
The EU Delegation or the AO shall ensure that the requested changes are made
prior to the final signature. A copy of the Twinning Contract, finally signed by the
EU Delegation or the AO and notified to the project partners by the same EU
Delegation or AO, is also sent to the Commission Headquarters.
Overview of the Commission Steering Committee proceedings
The Commission Steering Committee is called upon to assess the credibility of the
work plan in relation to the targeted mandatory results and the accuracy of the
underlying EU acquis.
47
Assessment by the Steering Committee results in a binding opinion, which
provides guidance and recommendations.
The Steering Committee is made up of the relevant Commission services and
chaired by DG Enlargement.
It is normally consulted through electronic means but it can effectively meet as
often as required, depending on the need for further consultation between the
involved departments of the Commission.
Opinions issued by the Steering Committee can:
I.
recommend to finance the project as presented, either
(i) unconditionally, or
(ii) conditionally;
II.
recommend that the Twinning partners undertake further amendments or
clarifications, either by
(i) written procedure, or
(ii) full debate;
III.
recommend to reject the proposal as it stands and recommend a full
reworking.

If the members recommend full or conditional approval within the given
deadline (15 working days) and do not recommend a specific discussion, the
project needs no further examination by the Commission Steering
Committee.

If the Twinning work plan is recommended for conditional approval subject
to a number of alterations (case I (ii) above), the modifications
recommended are of a technical nature and not fundamental. The EU
Delegation or the AO is sent a specification of the conditions to be fulfilled,
with a copy to the partners. The partners modify the project accordingly and
resubmit it, fully signed, to the EU Delegation or the AO. The EU Delegation
or the AO verifies compliance with the conditions, consulting with
Commission Headquarters in cases of doubt, and confirms final approval to
the partners. The project does not have to be resubmitted to the Steering
Committee.

If the Steering Committee recommends more substantial modifications, the
project is sent back to the partners for reworking before being resubmitted to
the Committee. The Committee may recommend resubmission for further
examination by written procedure (case II (i) above) or, alternatively, if the
revisions are sufficiently major to warrant further discussion, the project
may be resubmitted for full debate (case II (ii)). This involves undergoing the
full Commission Steering Committee consultation procedure again.

The Commission does not normally select option III in the first submission of
a Twinning work plan to the Steering Committee (except in cases where
Twinning work plans contain fundamental flaws) and will always try to work
with both the BC and MS to assist them in developing the Twinning work
plan into a viable format. The Commission will always endeavour to make its
reasoning clear.
48
3.9.2.
Approval of the Twinning Contract under ENPI
The main fields which will be covered by the Twinning instrument under ENPI are
included within:

the National Action Programmes (ENPI East countries),

the Annual Work Plans of the SAAPs (ENPI South countries),
and as such are already part of a Commission decision.
Therefore, no formal approval involving a steering committee or the ENPI
Committees is needed for each individual Twinning project fiche and Twinning
contract. They are rather a means to execute projects whose financing has already
been agreed upon.
When the Contracting Authority is the AO (decentralised) it will submit for prior
formal approval the final draft of the Twinning Contract to the Delegation.
Further to the EU Delegation’s approval, the Contracting Authority will proceed
with the process of signature of the contract.
When the Contracting Authority is the EU Delegation (centralised) it will submit
for prior formal approval the final draft of the Twinning Contract to the AO.
As far as the signature/endorsement of the contract is concerned, the financial
circuit instructed by EuropeAid should be followed within the Delegation.
3.10
Signature of the Twinning Contract
3.10.1
Preliminary remarks
Once the Commission Steering Committee proceedings are closed (IPA) or the
Contracting Authority notified its agreement on the draft contract (ENPI), the
Twinning partners must ensure proper signature of the finalised Twinning
Contract.
This final signature should not be confused with the provisional initialisation of
the work plan (Annex A1) and Budget (Annex A3) which has taken place before
the submission to the Steering Committee (IPA).
The MS Project Leader and the BC Project Leader acknowledge and initial all
pages of both Annex A1 (Twinning Work plan) and Annex A3 (Twinning Budget)
expressing their commitment and the ownership of their respective
administrations.
For the final signature, the MS and the Contracting Authority (Commission
through the EU Delegation, CFCE or AO) initials all pages of the Special
Conditions (up-front Contract) and signs this upfront document. The initialisation
and signature of both administrative partners expresses their overall contractual
and financial commitment.
49
There is no need to initial/sign Annexes A2 (General Conditions), A4 (Contract
award procedures), A5 (Request for payment), A6 (Expenditure Verification
(Report), A7 (Special Financial Annex) and A8 (Mandate).
These annexes may have to be signed by the appropriate persons at another stage
of the project preparation or implementation.
Under IPA, the initial operative side letter is signed by the two Project leaders and
initialled on each page. This signature and the signature of the contract are
concomitant. Project leaders cannot delegate others to sign this document on their
behalf.
3.10.2 Signatories of the Twinning Contract
The Twinning Contract is concluded between the European Commission (in case
of centralised management), the CFCE (in case of decentralised management with
ex ante control) or the AO (in case of decentralised management without ex ante
control), on one part, and a Member State (or a consortium of Member States) on
the other. It is materially signed as specified hereafter.
On behalf of the MS
To confirm the engagement of the MS, the Twinning Contract (Special
Conditions) is signed by an official engaging a binding commitment of the
government (administrative authority).
Examples of persons who may be able to engage the MS government
(administrative authority) concerned would be a senior official authorised to sign
on behalf of the government, the NCP or the Ambassador to the EU.
If a Twinning project is entirely under the responsibility of a decentralised public
authority (e.g. Land, Département or region), a representative of the latter may
sign instead of a central administrative authority, subject to approval by the central
authorities (e.g. represented by the NCP).
The person in the administration or mandated body responsible for the
implementation of the MS obligations – the Project Leader - in the Twinning
project signs Annex 1 (Work plan) and Annex 3 (Budget).
Signatories in the case of a MS consortium
Where MS have formed a consortium to implement a Twinning project, the
Contract will be signed by an official of the MS which has been designated as
Project lead partner.
 The Commission requires that each Junior MS partner signs a general mandate
(see section 3.4 and Annex A8 to the Twinning Contract) through which it
empowers the Project Leader of the lead MS to commit the administration of
the Junior MS and take any project implementation decisions on its behalf.
In addition to the general mandate, MS in the consortium will also need to reach
agreement on detailed working arrangements and will define these in an intra50
consortium agreement. This intra-consortium agreement must be signed before the
submission of the draft Twinning Contract to the Commission (Delegation or
Headquarters for IPA) or to the AO.
On behalf of the Commission, the CFCE or the AO
According to the management mode, the contracting authority signing the
Twinning contract (Special Conditions) is:
in case of centralised management, the EU Delegation,; Annexes A1 and A3 are
initialled by the same;
in case of decentralised management with ex ante control, the CFCE; in this event
the EU Delegation needs to have endorsed the Special Conditions as well as
Annexes A1 and A3, signifying ex-ante control of the budget and compliance with
the opinion of the Steering Committee (acquis);
in case of decentralised management without ex ante control, the AO; in this event
the AO assumes sole responsibility for all ex-ante control functions previously
performed by the EU Delegation. This includes ensuring that the compulsory and
binding opinion on acquis compliance and relevance of the work plan (provided
by the Commission Steering Committee) is fully integrated into the final contract.
To express this responsibility as well as its overall contractual and financial
responsibility, the AO signs the Special Conditions and initials Annexes A1 and
A3.
General Provisions
The official responsible for the implementation of the Twinning project in the
beneficiary administration –the Project Leader - signs the work plan (Annex A1)
and the Budget (Annex A3) expressing commitment and ownership of the
administration.
For the final signature, the Contracting Authority (Commission or AO) initials all
pages of the Special Conditions and signs this document. Similarly, the MS
partner initials all pages of the Special Conditions and signs it.
The initialisation and signature of both administrative partners expresses their
overall contractual and financial commitment.
The MS Project Leader and the BC Project Leader acknowledge and initial all
pages of both Annex A1 (Twinning Work plan) and Annex A3 (Twinning Budget)
expressing their commitment and the ownership of their respective
administrations.
There is no need to initial/sign Annexes A2 (General Conditions), A4 (Contract
award procedures), A5 (Request for payment), A6 (Model Audit Certificate), A7
(Special Financial Annex). Annex A8 (Mandate) has to be signed by both the lead
and the junior partner.
51
Who signs what in Twinning under IPA
Signs
Lead
Member
State
Administrative
office
(BC)/CFCE
Special Conditions
(centralised)
X + initials
Special Conditions (decentralised with ex ante
control)
X + initials
X + initials
Special Conditions
(decentralised without
ex-ante control)
X + initials
X
Annexes A1 (Work Plan)
and A3 (budget) in all
management modes
X + initials
initials if CA
Beneficiary
Administration
EU Delegation
X + initials
X
Acknowledgement of
ex-ante control
X + initials
initials if CA
Who signs what in Twinning under ENPI
Lead
Member
State
Special Conditions
(centralised)
Special Conditions
(decentralised)
Work Plan and Budget
(centralised and
decentralised )
Administrative
Office
Beneficiary
Administration
X + initials
X + initials
Commission (EU
Delegation)
X + initials
X + initials
Endorsement
X + initials
X +initials
Twinning Contracts are signed:
*on behalf of the Contracting Authority, by the authorising officer;
on behalf of the MS, by the person in the administration or entitled body
responsible for the implementation of the MS obligations in the Twinning
project, and by a person engaging a binding commitment by the
government (administrative authority);
on behalf of the Junior Partner (MS) for the work plan and the mandate, by the
person in the administration or entitled body responsible for the
implementation of the MS obligations in the Twinning project, engaging a
binding commitment by the government (administrative authority).
* If the Commission is not the Contracting Authority, the Commission must
endorse the contract.
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3.11
Notification of the Twinning Contract
One original copy of the signed Twinning contract is required for each signatory:
1. The Lead Member State
2. The Administrative Office2 or CFCE
3. The Beneficiary Administration
4. The Commission (Delegation) or Headquarters (for IPA)
Once the Twinning Contract is signed by all parties, the Contracting Authority is
in charge of legally notifying partners. If the EU Delegation is not the Contracting
Authority, it shall also receive copy of the notification. Headquarters is always in
copy of the Notification letter (for IPA).
Please note that this notification constitutes a separate requirement which rests
with the Contracting Authority. In other words, the signature of the Twinning
Contract is not equivalent to notification.
The date of this notification is considered as the legal starting date as well as the
first possible starting date for the implementation of the work plan of the project or
reimbursement for the presence of the RTA. No costs incurred before that date
will be covered out of project funds, except those related to costs incurred for
its preparation, subject to the provisions under section 5.2 and Annex A7 to
the Twinning Contract.
The Contracting Authority shall pay the first pre-financing to the Lead Member
State within 30 days of this notification (please see section 7.2).
A copy of the signed, endorsed and notified Twinning Contract will also be sent
by the EU Delegation or by the relevant Contracting Authority to Commission
Headquarters3(for IPA).
2
In the case of centralised management under ENPI, the AO, though not among the signatories,
must receive a copy sent by the EU Delegation.
3
Should CRIS be the system used by the Commission service responsible for managing the
project, the contract should be downloaded and the HQ must be informed about the CRIS
reference.
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Section 4: Detailed Project Design
4.1.
Designing the Project to achieve ‘Mandatory
Results’
Drafting Twinning Contract and Work Plan must be a joint MS/BC exercise. The
Twinning work plan consists of a sequence of activities, attributed to one side or
the other, which together constitute a strategy aimed at achieving the results.
Twinning Contracts (including annexes) may be drafted in English, German or
French, as agreed by the partners.
The starting point in designing a Twinning project is to define more precisely the
mandatory results (see section 2.1). EU funding will only be provided on the basis
of this results being achieved. These mandatory results should therefore be
measurable based on relevant indicators with adequate target values to be achieved
at the end of the project compared to the current baseline data.
The mandatory results required will have already been set out in the Twinning
project fiche. However, in developing and when appropriate updating the
Twinning work plan, the mandatory results may need to be fine-tuned, as the BC
and MS make a detailed assessment of what is realistic and deliverable within the
timeframe and budget available, also taking into account progress made since the
Twinning project fiche was drafted. Any significant deviation of mandatory results
from the project fiche requires a change of the project fiche in line with the
adequate procedures before the Twinning contract can be concluded.

The mandatory results must be well defined, focused and achievable;

The mandatory results must make a specific and direct contribution to
Institution Building in the BC;

The mandatory results must be concrete, clearly measurable for control
purposes, inter alia through adequate indicators.

The achieved mandatory results must remain at the disposal of the BC
administration as a sustainable asset
Given the size and complexity of Twinning projects, it is always necessary to
break the project down into different components which correspond to the
different mandatory results.
The Twinning work plan must clearly identify each of these components and the
steps needed to achieve them. The Twinning work plan must also clearly spell out
who does what. Since a Twinning project does not take place in a vacuum, account
should be taken of other activities taking place in the BC, which may assist with,
overlap with, or hinder the project.
54

All components of a Twinning project must be clearly and independently
identified;

Each component and the actions identified to achieve the component must be
fully justified in the context of achieving the respective mandatory results

Work plan components must be directly linked to an identifiable component in
the budget (see section 5).
A template for the work plan is provided in Annex A1 to the Twinning Contract.
A template for the corresponding budget is provided in Annex A3 to the Twinning
contract. Each budget component should correspond to a mandatory result.
Detailing the activities of the Work Plan throughout implementation under IPA
Under IPA, Annex A1 and Annex A3 can be included in the Twinning contract in
an abridged form (see section 3.8), while the detailed description of activities and
of the corresponding costs are presented in an operative side letter signed at the
same time as the contract (see template in Annex C15). This initial operative side
letter presents details of all activities planned for the first six months at least.
It is the responsibility of the Project Steering Committee, which meets at quarterly
intervals, to update the detailed description of activities in a six month
perspective, issuing successive operative side letters. In practice, if the initial
operative side letter contains a detailed description of activities for the months 1
to 6 (while Annex A1 of the contract presents the outline for the entire period of
implementation), at the first meeting of the Project Steering Committee, which
takes place around the end of month 3, a new operative side letter is prepared with
details for the months 7 to 9. The same document can include, if necessary, minor
adjustments to activities foreseen for the months 4 to 6. At the following meeting
(end of month 6), the Project Steering Committee would detail activities for the
months 10 to 12, and so on.
Operative side letters updating the detailed description of activities prepared by
the Project Steering Committee are signed by the two Project Leaders, who cannot
delegate others (not even the RTA) to sign on their behalf. These operative side
letters are applicable following the agreement (explicit or silent – see section 6.6,
(1), C) of the EU Delegation, of the CFCE or of the AO as appropriate.
Considering the relevance for the implementation of the Project, five full working
days must be allowed for possible comments by the mentioned institutions.
Operative side letters cannot include changes to the contract or other changes that
can be considered substantial according to the criteria indicated in section 6.6,
(1), A and for which a formal Addendum is required and the pertinent approval
procedure must be followed.
The proceeding of the Project Steering Committee related to the preparation of an
operative side letter updating the details of activities foreseen by the work plan are
attended by the two Project leaders, the RTA, a representative of the EU
Delegation and a representative of the contracting authority if this is not the EU
Delegation. The RTA counterpart and principal MS experts can participate as
appropriate. At least ten working days before the meeting of the Project Steering
Committee, the RTA circulates to all other participants a draft of the updated
details of activities.
55
The Project Steering Committee meets at the end of every third month. If a festive
period would cause a postponement of a quarterly meeting by more than two
weeks, the meeting is organised before the beginning of the festive period.
Considering the other tasks of the Project Steering Committee, in particular the
preparation of quarterly interim reports, members shall take due precautions in
order to be able to attend the meeting during all its duration.
In the case of implementation by a Consortium, the MS Project leader and the
RTA must ensure that the junior partner it fully involved in the preparation of the
operative side letter and immediately informed of the details of activities, in
particular with regard to its contribution to the project.
If in the course of the regular quarterly meeting the Project Steering Committee
cannot agree on the operative side letter, a new meeting is scheduled within the
following 15 days. If again no agreement can be reached, the EU Delegation
and/or the CFCE or the AO decide whether a third meeting of the Project Steering
Committee can be usefully convened within the following 15 days in order to
approve the operative side letter or whether the execution of the project shall be
terminated.
In case the eventual third meeting fails to agree on the detailed description of
activities as necessary, the project is considered terminated. Dispositions of
section 6.7.2 apply.
The reference to the six months perspective for both the initial and the subsequent
operative side letters represents a minimum. MS and BC are encouraged to extend
the timeframe whenever the pertinent information is already available and
programming of activities can be realistically defined. This could be the case for
instance for activities to be implemented in sequence over a longer period.
4.2.
Benchmarks, Timeframes, Duration & Risk
Analysis
Setting Project Benchmarks
There should be benchmarks for the Twinning project as a whole and also
benchmarks within some of the larger components of the project, which require
a long time period to complete. Setting these benchmarks will assist in reaching
the final results and in general good project management. Achievement of
benchmarks will also be an important part of the regular monitoring (see section
6.3) and reporting procedures (see section 6.4), which will normally take place at
three-monthly intervals.

The Twinning work plan must specify benchmarks at regular time intervals,
which will be used to measure progress. All benchmarks should be included in
the Work Plan from the beginning.
56
Examples of project benchmarks could be, e.g. in the context of establishing a
national body for managing agricultural policy: the adoption of a bill by the
government; the elaboration of a training strategy; adoption of the body’s rules of
procedure; final choice of premises; availability of computers; design of the
software necessary for implementation etc.
Timeframes
Careful consideration should be given to timeframes. Each component of the
Twinning work plan must have an allocated timeframe for completion. This can
then be used to set the overall timeframe for the Twinning work plan. Some of the
project components can be completed concurrently. Others will rely on the prior
completion of another project component. There will therefore be a ‘critical path’
time scale based upon the time required to complete interdependent successive
project components, which together constitute the Twinning work plan.
Under IPA
While the individual activities requested in the framework of a component can
be adapted by the Project Steering Committee during the quarterly updates, the
general timeframe initially defined ought to be respected in order to ensure that
all components be orderly completed and the mandatory results achieved.

The Twinning work plan must clearly identify timeframes for the project as a
whole and for all project components;

It is recommended to allow a maximum of one month for the installation and
orientation of the RTA, before scheduling short term activities.
Duration
Each Twinning project has an execution period and an implementation period
which do not coincide.
The execution period corresponds to the full legal duration of the Twinning
Contract. It starts on the date of notification by the Contracting Authority of
the contract signed by all parties and ends 3 months after the end of the
implementation period of the project.
The implementation period corresponds to the time allocated to the
realisation of the Twinning Work Plan. It starts with the arrival of the RTA
and continues for the number of months indicated in Article 2.2 of the Special
Conditions.
Since in the vast majority of cases the RTA cannot become operational in the BC
immediately upon notification of the contract by the Contracting Authority, he/she
has up to one month from the notification letter’s date to arrive in the BC. The
MS Project Leader shall communicate the date of RTA arrival to the CA
and/or EU Headquarters (for IPA) and Delegation, since it will mark the
beginning of the implementation period of the Action.
57
Following the end of the implementation period, the Twinning partners must
prepare and submit the final Twinning report, the request for final payment and the
audit certificate (see section 7). These documents are expected to be prepared and
submitted before the end of the execution period (i.e. the legal duration) of the
Twinning project.
Taking into consideration the above requirements, article 2 of the Twinning
Contract's Special Conditions add three months to the implementation period
for the provision of the documents mentioned in the previous paragraph.
At any rate, the end of the project must comply with the requirements of the
deadline for implementation of the relevant Financing Agreement, under which the
project is funded.
Risk Analysis
There will always be risks involved in a Twinning project, however well it is
designed. These risks may range from small risks of time delays or cost overruns
to more fundamental risks of, for example, passing the appropriate legislation
through parliament, change of government policy, etc. Some of the risks will be
internal to the project and therefore subject to a certain degree of control. Internal
risks might include, for example, the possibility that monitoring equipment, vital
to an environmental standards Twinning project, is not provided on time, and thus
delays implementation of the entire project. Other risks such as political risk will
be entirely beyond the control of the project.

All significant risks, both internal and external, should be clearly stated and
quantified as far as possible;

The Twinning work plan should also identify ways of minimising controllable
risks.
4.3.
Deciding Project Management responsibilities
Between the BC and MS
The Twinning Contract is an agreement between two parties (i.e. the two
administrations of the BC and the MS involved), which together commit
themselves to achieving a mandatory result or several mandatory results. The
project must therefore be carried out under the responsibility of two Project
Leaders, one from the BC and the other from the MS. Each will be responsible for
the activities assigned to his/her administration in the Twinning work plan, with
full authority over the human and material resources mobilised to that end. More
specifically, the BC Project Leader will be responsible for experts from the BC
and the MS Project Leader for all other experts.
58

The split of responsibilities must be defined for each component;

For components which are a joint responsibility, the Twinning work plan
should state which party is the leader;

Attribution of responsibility for a particular activity must be directly linked to
entitlement to an explicitly identified budget allocation.
A key role in ensuring good co-ordination is played by the Project Steering
Committee, which is inter alia called upon to prepare the interim and final reports.
Management hierarchy for MS Inputs
In all Twinning projects, overall responsibility for MS involvement is held by the
MS Project Leader, who may delegate the management and implementation of
project components. For example, the Project Leader is likely to delegate
accounting and invoicing tasks, the organisation of training seminars, the
preparation of training documentation, etc. to a management structure. The fees
and costs incurred to cover this management are to be financed through the flat
rate proceedings of the ‘Twinning project management costs’ compensation.
The RTA(s) reports to the MS Project Leader.
Where more than one MS is involved, the Project Leader from the lead MS takes
overall responsibility on the MS side for the entire project on the basis of a general
mandate between lead and junior MS Twinning partner. However, the MS Project
Leader may delegate responsibility for particular project components to another
MS, but retains overall responsibility for the project. Examples might include
hosting BC trainees, running a seminar, assisting the BC in drafting legislation.
Projects involving a Consortium of MS
Where certain MS have decided to work together in a consortium, the management
of the project clearly becomes more complex. There are a number of practical
issues that should be considered when drafting the Twinning Contract and
Twinning work plan and preparing for project implementation. BC partners will
have a major interest in assuring themselves that consortium members are both
willing and, in reality, in a position to co-operate fully to achieve the mandatory
results.
MS Project leaders participate in the preparation of the Twinning Contract and
attend the project Steering Committees. The attendance of the Junior MS Project
Leader to the project Steering Committees is recommended. The corresponding
costs will be financed in the Twinning Contract.

The Twinning work plan must detail the responsibilities of each of the partners
in respect of the individual project components clearly stating who should do
what, when and with which resources (as identified in the detailed breakdown
of costs per component).
59

The Commission requires a general mandate (see Annex A8 to the Twinning
Contract) from the junior MS partner to the Project Leader appointed by the
lead MS, providing the power to commit its administration and take any
project implementation decisions on its behalf. The signature of this mandate
is a pre-condition for submitting the Twinning Contract.
Over and above the mandate from junior MS partners to the lead MS, the MS
involved in a consortium will need to draw up an intra-consortium agreement. It
is the MS prerogative to define the details of their co-operation. As a minimum,
the agreement is likely to cover the following main points:



Financial matters, especially arrangements for the transfer of funds between
consortium members in respect of reimbursable expenditure and a proportion
of the ‘Twinning management costs’ compensation. Generally, the lead MS
partner retains a proportion of the ‘Twinning management costs’ compensation
to cover the costs for its leadership (see also section 5.8);
Lines of communication which will guarantee sharing of information and the
coherence and co-ordination of activities;
Procedures for decision-making, i.e., which decisions will be taken by
consensus, which matters can be left to the lead MS.
4.4.
Inputs of BC (Staff & Infrastructure)
The success of Twinning projects requires significant input of BC resources
coupled with a solid commitment to achieve results.
Staff Inputs
Significant staff time will be required in the various components of the project:
 At the broadest and most senior level, there must be political commitment and
support within the BC administration for the Twinning project as a whole;
 Each Twinning project must have a BC Project Leader with sufficient
authority to administer and properly implement the project in practice. This
person will also be named in, and sign, the Twinning Contract, as the figure
ultimately responsible for its implementation;
 Each Twinning project must have a RTA counterpart in the BC;
 At project level, BC staff will actively participate (i.e. working with the RTA
and short term experts, participating in training activities) to implement
a particular project component;
 BC staff inputs should be detailed as far as possible within the Twinning work
plan to ensure that there is full recognition of both the practical and political
commitments required to achieve the desired results;
 A change in BC Project Leader must be notified in writing according to
procedures outlined under section 6.6.
Infrastructure Inputs
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The BC will be required to make available the necessary infrastructure for MS
partners to carry out their tasks. The provision of office space, the provision of
equipment (including access to a computer, telephone, fax etc.) and the
professional use of that equipment should be available as from the RTA day of
installation.

All infrastructure requirements should be specified in the Twinning Contract,
Twinning work plan and budget;

Only a provision limited to EUR 5 000 for miscellaneous supplies is eligible
for EU funding (see section 5.11). This will only be available in very restricted
cases, subject to evidence of the BC inability to provide the material required.
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4.5.
Inputs of MS (Staff)
4.5.1.
Staff Know-how and Time
In support of the BC own efforts to implement a Twinning project, the principal
input of the MS is the staff time. This includes the time of the Project Leader,
RTA(s), short and medium term experts and other staff involved in managing and
accounting for the project. The Twinning work plan should state exactly how
much time will be devoted to each component of the project. The time allocation
should be precisely linked to the budget provisions. The different categories of MS
staff (officials or assimilated) input are:
STAFF
Project Leader
TASKS
Overall conception and
direction of the thrust of
MS inputs. Must have a
broad knowledge of all
processes in the area of the
project and good leadership
skills.
Junior
Leader
Ensures
the
good
coordination with Project
Leader and Junior MS input
appropriate to the project.
Works on a daily basis with
BC staff to implement
project, support and coordinate activities in BC.
Ensures
continuity
of
implementation. Must have
good general knowledge of
the sector.
They support the RTA in
the transfer of technical
know-how.
Working on specific project
components.
Includes
specialist support services
e.g. providing BC with
access to databases.
Work in MS in support of
the project.
Project
RTA(s)
Short/Medium
Term Experts
Logistical
Management &
Accounting
4.5.2
INPUTS
It is recommended that
a minimum of 3 days per
month including one visit
every 3 months (more for
complex
projects)
is
allocated. Attendance of
quarterly Project Steering
Committee is compulsory
(under IPA).
Attendance of quarterly
project steering committees
is recommended.
Full time in the BC (see
section 2.2) for at least
12 consecutive months.
Varies. Specified by number
of man/days.
Not specified, covered by
‘Twinning
management
costs’ compensation
The Project Leader
The Project Leader should be a high-ranking civil servant or equivalent staff
commensurate with an operational dialogue at political level. The Project Leader's
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seniority will ensure his/her ability to call on short term experts in support of the
efficient implementation of the project and the full support at senior levels within
the BC. The Project Leader is not an Adviser; he/she directs the implementation of
the project.
A balance should be struck between seniority and the time available for the
project.
As a minimum, the Project Leader should be able to dedicate to the project at least
3 days per month, with an on-site visit at least every 3 months to participate
in the Project Steering Committees; more complex projects might require more
attention.
In particular under IPA, the Project Leader must ensure his/her presence at all
meetings of each quarterly Project Steering Committee during which the detailed
description of activities is updated.
(See also 2.2.1 and 4.3)
4.5.3.
The Resident Twinning Adviser (RTA)
The RTA should have a good knowledge of the Twinning project’s field, with
particular emphasis on implementation and institutional set up. Comparative
knowledge of other MS systems, as well as good management, communication
and language skills are an asset. The contribution of specialist knowledge can be
brought by the Project Leader and/or short term experts.
The profile of the RTA should be evaluated in conjunction with that of the rest of
the team (especially the Project Leader); lack of experience of a RTA could be
compensated by the quality of the team as a whole.

All key staff, including the Project Leader, the RTA, and the principal short
and medium term experts must provide full CVs, which will be attached to the
Twinning Contract. The profile of the other experts should appear in the
Twinning work plan.
4.5.4
Change of Project Leader or RTA
Should the situation arise where a Project Leader or RTA has to be changed, the
Twinning Contract and Twinning work plan are to be amended according to the
procedure outlined under section 6.6. Such changes request the consultation of the
Twinning Steering Committee at Commission Headquarters (IPA).
4.5.5
Staff Origin
RTAs and other experts must in principle be nationals of an EU Member State.
63
MS administrations or mandated bodies are chosen as Twinning partners by the
beneficiary countries for their specific knowledge and administrative systems. The
human resources made available to BC partners must therefore be fully integrated
with the MS administrations.
Experts cannot be included into the project through MS management support
organisations, be they mandated bodies or not, but can only come from or through
the implementing organisation holding the project leadership, as well as the
required expertise.
In consultation or at the request of the BC, experts from other MS not
contractually associated with the project may be asked to provide their expertise
on an ad hoc-basis and under the responsibility of the lead MS. That MS is
responsible for the skills and availability of the expert and defines the conditions
and details of his/her involvement. See the details required for private sector input
at Section 5.12.
4.6.
Management and Accounting
As well as the more general project management responsibilities, there needs to be
a support system in place for each project. It is expected that there will mainly be
two functions that will be carried out by an individual or individuals in the BC and
MS administrations or possibly out-sourced to a public / mandated body contractor
financed through the ‘Twinning management costs’ compensation. The RTA
should not be responsible for these tasks.
The first function is to deal with the logistical management of the Twinning
project. This may include making travel arrangements and providing general
organisational support to the Project Leader, as to all short- and medium-term
experts. It also includes, inter alia, the practical organisation of seminars and study
visits.
The second function is financial management. This includes the accounting of
expenditure, invoicing (see section 7) and management of project funds. In the
case of a consortium, the management tasks of the lead MS are increased and the
partners have to provide a minimum of management support.
The ‘Twinning management costs’ compensation is designed to cover these costs
for work performed elsewhere than in the BC, in addition to other costs (see
section 5.8).

BC and MS administrations will be entirely responsible for their respective
part of the general management, logistical and financial management in
relation with a Twinning project;

The requirements for logistical and accounting support should be clearly taken
into account by the MS preparing a Twinning work plan;

RTAs will be expected to manage their own allowances and claims for
statutory reimbursements but they should ensure adequate documentation for
the purpose of the Final report and Audit certificate.
64
The Twinning management costs allow the necessary flexibility in the
implementation of the Twinning project. The presence of this budget heading
(Twinning management costs) excludes the inclusion of any other administrative
expenditure under whatever form or heading. It should finally be clarified that
Twinning projects should not result in any profit for the Member State Partner, be
it through the misuse of the Twinning management costs or otherwise.
4.7.
Translation and Interpretation
4.7.1.
Translation
In designing a Twinning project, the justified need for translation should be
foreseen. Provision may be made in the project budget (see section 5.10) for
translation work. Regarding the translation of the EU acquis, it should be carefully
checked whether this translation is not yet available. If the volume of translation is
considerable, the option of hiring a translator can be envisaged for reasons of costeffectiveness.
The RTA assistant may also be called upon for these tasks.
4.7.2
Interpretation
Justified provision should also be made for the need for interpretation for
seminars, key meetings or other project activities (see section 5.9 and 5.10 for
general language issues). It is recommended that local resources are used for
reasons of cost-effectiveness.
The RTA assistant may also be called upon for these tasks.
4.8.
Seminars, Training, Traineeships, Workshops
Classical training activities may be a necessary part of the Twinning project. These
may take the form of seminars in the BC or elsewhere, if justified. They may also
take the form of trainee/internships, i.e. giving BC officials the opportunity to
spend time and work in MS administrations. No compensation is due to the MS
from the Twinning budget for the organisation of trainee/internships except the
small incidental cost as foreseen under 5.7.2. There may also be other types of
training courses (e.g. intensive highly specialised courses delivered by dedicated
training institutions, provided that such training is embedded in the overall reform
strategy) or workshops on particular specialist subjects.
Normally traineeships in MS will be limited in time (3-5 months) and reserved for
a small number of BC specialists selected for their involvement in the project and
role in their administration (middle management capable for bringing changes
back home). The selection of the trainees will be commonly agreed between the
parties (BC, MS and EUD). Seminars will normally be held in BC where they can
reach a larger number of participants at lower cost.
65
Like other project components, training activities (including study visits) must be
fully justified by directly contributing to the achievement of the overall
‘mandatory results’. The comparative qualitative and economic advantage of a
study visit, compared with the activity taking place in the BC, is crucial for its
eligibility.
This means for example that basic language training is not justified, although
specialist language training could be. Certain training costs will be eligible for
funding by the project (see section 5.7) whilst others will remain the responsibility
of the BC. The project design should also take account of training activities
already being supported by the BC and others outside of the Twinning project.
4.9.
Intangible Inputs
The continued success of a Twinning project may greatly benefit from a number of
intangible inputs. For example, connection to MS or other databases, integration
into international organisations or networks, provision of specialist written
materials or software etc. (see also section 5.12).
66
4.10
Summary project presentation
In preparing the Twinning Contract, reference should be made to article 6 of the
Special Conditions, which sets out the correct order and format for presentation of
a complete Twinning Contract. The Twinning Contract will include standard texts
(provided by the Commission) and the detailed project information as provided by
the Twinning partners. Whilst there is a certain degree of flexibility in how
projects should be presented, there are a number of key points which should be
noted prior to submission of the document to the Commission:
Project substance




Supporting documents

(Annex A of this Manual sets the
correct order and format for the
presentation of a complete 
Twinning Contract)

Practical/technical points




Statement of the relevant acquis or policy
objective;
The mandatory results must be well
defined and the project reference code
should be clearly stated;
Project
components,
benchmarks,
timetables and budgets must all be
explicitly defined in a logical manner,
with cross-references – it is preferred if all
of these elements are combined into
a single schedule;
Responsibilities
must
be
clearly
distributed between the MS and the BC.
CVs of the RTA and the RTA
counterparts, both Project Leaders and
other principal experts must be included;
in EU format;
Evidence of the RTA basic salary should
be attached;
Mandate from junior partner MS to the
lead MS.
The Work Plan and the Budget must be
signed by both the BC and MS;
The Twinning Contract including the
annexes must be submitted in either
English, French or German (to be agreed
between BC and lead MS, in consultation
also with junior MS partner, if relevant);
The Twinning Contract must contain full
and updated contact details of the
individuals directly involved;
The pages of the Twinning Contract
including the annexes must be numbered
and dated.
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Section 5: The Twinning Project Budget
5.1.
The Project Budget
(Annex A3 to the Twinning Contract)
5.1.1.
Content of the budget
All Twinning Contracts comprise a Twinning work plan, accompanied by
a detailed Twinning budget, respectively Annexes A1 and A3 to the Twinning
Contract. The total budget globally allocated to the execution of the project must
remain within the limits of the amount referred to in the project fiche; no increase
of this amount is allowed.
The Twinning budget is presented in the format of an activity based budget, apart
from the RTA-related expenditure and other general budget items. Expenditures
listed in the budget must correspond to the activities listed in the Twinning work
plan.
All activities foreseen in the framework of the Twinning project, irrespective of
whether they are carried out under the responsibility of the BC or of the MS,
should be listed. The only activities to which a sum is allocated in the budget are
those for which financing is requested from the EU programme.
The cost of other activities is not mentioned, but they nevertheless appear as
a token entry in the budget; this is tantamount to an undertaking from the partner
who has assumed responsibility to carry them out, since that partner (BC or MS) is
indicated opposite to each activity. If a group of MS is involved, the one making
the commitment is specified.
Level of details in Annex A3 under IPA
Under IPA, apart from the RTA-related expenditure and other general budget
items the budget presented in Annex A3 may indicate only the foreseen costs per
component and per activity (see section 3.8, 'General remark'), reflecting so the
level of details of the work plan (Annex A1). The detailed breakdown of
expenditures is included, at least the first six months of implementation, in the
initial operative side letter signed by the Project Leaders at the same time as the
contract. The successive operative side letters drafted by the Project Steering
Committee on a quarterly basis include the corresponding detailed breakdown of
costs (see section 4.1.1).
5.1.2.
Eligible costs
The main costs that may be covered by the financial envelope allocated for the
implementation of Twinning projects as foreseen in the Twinning Contract are
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those mentioned hereunder (non-exhaustive list). Each category of costs is
described in more detail in the following chapters of this section.

Expenses incurred by the MS Project Leader and junior PL and RTA to jointly
prepare with the BA the Twinning Contract from the date of notification of
selection until the submission of the Twinning Contract to Commission
Headquarters for Steering Committee Opinion (Twinning under IPA) or to EU
Delegation for final approval (Twinning under ENPI) - (see Section 5.2 for
ceiling and conditions) ;

Costs of the Resident Twinning Adviser(s): full-time secondment for a
minimum period of 12 months to a maximum of 36 months to the BC of MS
Resident Twinning Adviser(s) (at least one per project; only exceptionally and
in duly justified cases more than one)

Cost of the attendance to the quarterly Steering Committees for Project Leader
and Junior MS Project Leaders.

Cost of the MS Project Leader and short- and medium term experts:
intervention of the MS Project Leader who has overall responsibility for the
project; tasks requiring the assistance of specialised experts, accomplished by
carefully scheduled one-off or repeated missions of short or medium duration;

Procurement of supplies and services: Twinning projects may sometimes need
intangible supplies (such as computer software) vital for the working of new
systems and services (translation, data exchange, access to networks, etc.) as
well as, in exceptional and duly justified cases, the input of private sector
services.

Travel and subsistence expenses: travel costs of MS experts are reimbursed
and they are entitled to per diem allowances; the budget should include a
provision to cover changes in prices and per diem rates (see section 7.7).

Training: training in the application of new systems for the BC staff who will
operate them; this will take place mainly in the BC, but may also include
trainee/internships (limited in number and time) in MS administrations or other
organisations to which MS have delegated institutional functions; in most
cases, training for trainers should have first priority.

Costs for preparatory and follow-up work outside the BC, management and
accounting: costs incurred by MS in managing the project are exclusively
financed through the proceeds of the ‘Twinning management costs’ allowance
(see section 5.8).

Costs for translation and interpretation: (see section 5.10)

Costs for the Expenditure Verification Report: (see section 7.3)

Provision to cover changes in prices: (see sections 5.6.3 and 7.7).
69
5.1.3.
Structure of the budget
The Twinning budget is always provided in Annex A3 to each Twinning Contract.
This budget is signed and initialled by both MS and BC Project Leaders
expressing the commitment of their respective administrations and their ownership
of the Twinning project.
The Twinning budget lists the following expenditures as basic blocks:
1. RTA expenditure (see section 5.3)
1. Salary of the RTA
2. Non-wage labour costs
3. Other allowances
2. Activity based building blocks: Under this title the budget provides an
overview of the estimated expenditure linked to the achievement of the
mandatory results.
Each Budget Component is linked to a Mandatory result identified in the
Twinning work plan. (e.g. law drafted, organisation chart designed, staff trained).
Each component may in turn consist of one or several activities (e.g. an expert
visit, a seminar), listed as distinct budget subentries.
Each activity is defined as a subpart of the broader mandatory result it is expected
to achieve. It must include all the different cost elements needed for
implementation and nothing else. Under IPA, the breakdown of the different cost
elements is provided in the initial operative side letter (for at least the first six
months) and in the subsequent updates.
If the budget for an activity has been drawn up properly, its cancellation will cause
all expenditure related to it to be cancelled without affecting any other activity.
The basic rule is that an individual activity represents a separate budget entry, as
part of the related budget component (linked to a Mandatory result). There must be
a precise, project-related reason for including a number of sub-activities in a single
budget entry.
In practice, a large number of special cases may arise; the following examples
illustrate the simple application of the rule.
Generally speaking, a seminar is an activity and a budget activity in its own right.
If, however, training in a special technique is provided by arranging a series of
three successive seminars for the same participants, all three seminars can be
included in the same budget section.
In another situation, if the same training seminar is given four times over for four
different lots of participants all receiving the same training, the four sessions may
be included in the same budget activity.
Similarly, short-term visits by experts usually have one budget activity per visit. If,
however, the same expert makes a number of successive visits for the same
purpose during a Twinning project, these visits may be included in the same
70
budget section. If a number of experts together make a visit for the same purpose,
the whole exercise may be entered in a single budget activity.
Although it may be possible to enter a cost in any one of a number of budget
activities, the most appropriate section must be selected: if an activity is cancelled,
the budgetary impact must be contained to the budget section, with no change to
the other sections.
Example 1: a computer expert must make four visits to a beneficiary country,
three to help set up a computer system and one for a training seminar. The latter
will be indicated in the budget section related to the seminar, and the other three in
another section.
Example 2: a RTA wishes to give a seminar in a town other than the capital of the
country. All the standard allowances received by the RTA are shown in a single
section with his/her remuneration. The costs of the RTA travel to the town where
the seminar is given and his/her specific subsistence allowances during the
seminar will be entered in the budget section for the seminar. If the seminar is
cancelled, the expenditure will be cancelled but all the RTA standard allowances
will continue.
Example 3: the price of an interpreter recruited for a seminar is shown in the
budget section for the seminar. The cost of the RTA permanent assistant is shown
in the permanent assistant's own individual section, even though he/she
occasionally helps with the interpreting for a seminar. Even if the seminar is
cancelled, the RTA permanent assistant is still paid full time despite the
cancellation.
5.2.
Reimbursement of Costs arising during the
Preparation of the Twinning Contract
Preparatory costs are not eligible in Twining light contracts.
5.2.1.
Drafting the Twinning Contract and Twinning Work plan
and Budget
The Twinning partners should be enabled to meet in order to prepare jointly the
Twinning work plan and budget. This preparation should be undertaken swiftly
after the outcome of the selection so that the Twinning project can start without
undue delay and so that the needed Twinning expertise can be delivered at a
moment when the Beneficiary administration indeed requires the Twinning input.
It is suggested a minimum of three trips to the BC in order to maximise the
preparation phase of the project in close cooperation with the BA.
Twinning preparatory costs shall be reimbursed under the following cumulative
conditions:
(1): Only costs incurred by the designated MS Project Leader, the junior MS
Project Leader (if any) and/or the RTA (no other experts authorised) can be
reimbursed.
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(2):
A. Under IPA: Preparatory costs can be reimbursed for a period of maximum
four months starting as from the date of the official notification of selection up to
the submission of the final draft Twinning Contract for Steering Committee
consultation at Commission Headquarters.
B. Under ENPI: Preparatory costs can be reimbursed when incurred within a
period of maximum five months starting as from the date of the official notification
of selection up to the submission of the final draft Twinning Contract to EUD for
consultation to the relevant Commission services
When the drafting of the Twinning Contract takes place over a period including
July and/or August a maximum of 30 days can be added to the preparation time
under both IPA and ENPI.
(3): The Twinning Contract must be signed and notified: if the Twinning partners
fail to terminate the preparation of the Twinning Contract within the four (under
IPA)/five (under ENPI) months period, or if the Twinning project/contract is
cancelled before it is signed and notified, preparatory costs shall not be
reimbursed, even partially.
The Commission reserves the right to shorten the aforementioned period of
4/5 months in view of specific circumstances.
The applicable ceilings for the preparatory costs are as follows:
For Twinning Contracts up to and including EUR 1 million:
- Up to 6 trips to the BC;
- Fees for up to 20 working days in the BC;
- Corresponding ‘project management costs’
compensation for work outside the BC;
- Per diem allowance for days in the BC.
For Twinning Contracts over EUR 1 million:
- Up to 9 trips to the BC;
- Fees for up to 30 working days in the BC;
- Corresponding ‘project management costs’
compensation for work outside the BC;
- Per diem allowance for days in the BC
Preparatory costs shall be reported as part of the first interim quarterly report of
the Twinning contract.
5.2.2.
Training of RTAs
RTAs are invited by the Commission to attend a training seminar at the
Commission Headquarters in Brussels. Costs for travel and per diems (according
to the rules laid down in section 5.6) to attend this training must be included in the
budget of the Twinning Contract (Annex A3 to the Twinning contract): either as
part of the preparatory costs if the training is takes place before the start of the
72
Twinning contract, or as part of the project costs if the training takes place after
the Twinning contract has started..
When possible, attendance before taking up duties in the BC is preferable.
If the training is attended before the starting date of the Twinning contract,
reimbursement of the corresponding costs is subject to signature and notification
of the Twinning contract. If the Twinning partners fail to terminate the preparation
of the Twinning Contract or if the Twinning project/contract is cancelled before it
is signed and notified, these costs shall not be reimbursed.
Under IPA, the BC Project Leader or the BC RTA Counterpart can attend the
training together with the MS RTA of the same project. Costs for travel and per
diems can be financed by the budget of the project as for the MS RTA. Attendance
of the BC PL cannot be deputised to a third person, except the RTA Counterpart.
The choice of the participant (BC PL or BC RTA Counterpart) should take into
consideration the fact that the whole training is given in English and whoever is
not fluent in that language should refrain from attending.
Participation of the BC PL or of the BC RTA Counterpart must be agreed with the
Lead MS Project Leader, who will be responsible for the logistical arrangements
of such participation and will include the corresponding costs in the budget
according to the same provisions applicable to the MS RTA.
MS Project leaders may also attend the training seminar at Commission
Headquarters if interested, but the corresponding costs are not eligible under the
Twinning contract.
5.3. Resident Twinning Adviser (see Annex A7 and
Annex B)
The RTA continues to be paid his/her normal salary by his/her home
administration or mandated body in the MS concerned throughout his/her
secondment.
The EU programme reimburses the payroll institution of the RTA an amount
equivalent to what he/she would have received had he/she continued to work in
his/her home administration (not abroad), including related and/or connected nonwage labour costs, plus an additional 6% of the whole amount to cover the extra
cost of a replacement.
The amount for reimbursement must be included in the detailed breakdown of
costs and inserted in the budget (Annex A3).
In addition to his/her normal salary, the RTA will:
 receive a subsistence allowance (half per diem compensation) set by the
Commission for the entire duration of the secondment without revision.
The following items will also be reimbursed (against proof of payment) according
to a scale applying to all MS:
73

Rental fees for accommodation. The RTA is expected to find housing and
register with the authorities without assistance from the Commission. In
practice, however, it is likely that the RTA will be able to obtain advice from
his/her own Embassy, the EU Delegation and the BC administrations.

School fees, if RTA is accompanied by his/her children;

Travel at beginning and end of secondment;

Removal costs (whole household if the RTA is moving with family, limited if
the RTA chooses not to move with family);

Monthly allowance for return travel to MS as from the second month of
implementation, if no costs related to accompanying family members are
charged to the project.

Health and accident insurance.
RTAs receive, where appropriate and provided they have qualifications equivalent
to university level and have a good knowledge of the EU working language
(English, French or German) widely spoken in the administration of the BC, an
additional flat-rate allowance equal to the difference between the gross annual
salary (less family allowances) paid by his/her employer plus the subsistence
allowance paid by the Commission and the basic salary payable to an official of
the EU Institutions of grade AD5, step 1
All of these items are detailed in Annexes A7 and in Annexes B to the Twinning
Contract.
During his/her period of secondment, the RTA may be sent on mission to a place
other than his/her place of duty. Mission expenses are reimbursed in accordance
with the rules for short term missions (per diem and travel costs) without any
additional expert fee. In the breakdown of costs these expenses should be indicated
in the budget section related to the activity which triggers the mission, and not in
the section related to the RTA long-term secondment.
RTAs may exceptionally be asked to share their experience as a short term expert
(maximum 1 week) in another BC Twinning project. Such participation is subject
to authorisation from the Project Leaders (MS and BC). Their basic salary,
allowances and reimbursement of costs continue to be funded by the project for
which they act as an RTA. The project hosting the short term mission will provide
for travel and per diem expenses (and insurance where required), no additional
fees may be charged.
All costs related to the RTA must be quantified and included in the budget.
Verifiable evidence of the real salary cost (wage and non-wage labour cost) to the
administration must be provided in order to corroborate expenditure on salary.
Costs related to the provision of working facilities (offices, furniture, computer,
telephone, fax, etc.) for the RTA are covered by the host administration in the BC
(see section 5.13).
The BC Project Leader and the RTA counterpart continue to be paid by their
employer without any EU contribution (see section 5.13).
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5.4.
Project Leader, Short- and Medium-Term
Expert Inputs
5.4.1. Missions of civil servants
The EU will finance the cost of short and medium term MS missions in the
framework of the project. The contribution of each short or medium term expert to
project activities must be specified in the Twinning work plan or, under IPA, in
the pertinent operative side letters.
Mission expenses (transport, per diem, etc.) will be reimbursed in accordance with
the standard EU rules. Visits of MS management and support staff to the BC
cannot be separately covered by the project’s budget.
All civil servants or acting civil servants: rate of reimbursement per day
worked in the BC: EUR 250
5.4.2. Missions of staff from mandated bodies: Definition of the three expert
categories and their respective rates of reimbursement

Class 1 expert: Rate of reimbursement per day worked in BC: EUR 250
Personal experience in the implementation of institutional aspects targeted by the
Twinning project: minimum 3 years.

Class 2 senior expert: Rate of reimbursement per day worked in BC: EUR
350
Personal experience in the implementation of institutional aspects targeted by the
Twinning project: minimum 8 years.
Capacity to demonstrate innovative approach by abstracting from own experience
and adapting to the needs, constraints and culture of the beneficiary. Experience in
cooperation with non-EU countries. Capacity to communicate in one of the EU
languages widely spoken in the administration of the BC.

Class 3 special counsellor: Rate of reimbursement per day worked in BC:
EUR 450
Personal experience in the implementation of institutional aspects targeted by the
Twinning project: minimum 15 years.
In addition to the above and to the qualifications expected of senior experts,
special counsellors will be past or present holders of a high-level post (junior
minister, head of a government department or head or chairman of a public or
private sector body with a record of government work, or equivalent).
This category is strictly reserved for individuals with exceptional experience,
whose contribution to the Twinning project justifies the high rating and associated
costs.
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Exception
Mandated bodies able to provide evidence that they cannot cover their staff’s real
costs with the standard rates of reimbursement may apply for authorisation to
charge up to a maximum of EUR 100 more for each category of experts. These
requests must be supported by detailed documentary evidence on real salary costs
according to the following mode of calculation:
The real salary costs of a mandated bodies’ expert consist of the expert’s gross
annual salary plus any compulsory non-wage labour costs payable by the employer
in direct connection with the expert’s salary. These annual costs must be divided
by 180 in order to calculate the total actual salary costs per day.
In case that the actual salary costs per day are higher than the rates of
reimbursement for the respective expert category specified above, the mandated
body may apply to the Commission Headquarters for approval of the non-standard
increase up to a maximum of EUR 100 more for each category. The non-standard
rate may under no circumstances generate a profit.
Applications for the increased expert fee must be channelled through the
respective MS NCP, who will certify the veracity of the financial data submitted in
support of the application. If the Commission agrees to the exception, the nonstandard fee level will be published in the list of mandated bodies (indicated in
square brackets after the name of the mandated body). Approval of higher fee
levels must be sought before presenting proposals to ensure full transparency.
Explanatory comments regarding classification of experts
For the purpose of classifying experts assigned to Twinning projects all factors
will be considered together; a shortfall on one criterion may be offset by
outstanding qualifications on another. In case of divergence of opinion, the
Commission has the final say regarding expert classification.
5.4.3. Practical Points
When calculating the costs for short and medium term staff inputs, it is important
to budget for the appropriate unit number of working days and daily allowances.
For example:
-
2 weeks: if an expert comes to the BC on a Sunday and leaves on a
Saturday, 10 working days and 13 per diems shall be budgeted.
1 week: if an expert comes on a Sunday and leaves on a Friday, 5 working
days and 5 per diems shall be budgeted.
1 week: if an expert comes on a Sunday and leaves on a Saturday, 5
working days and 6 per diems shall be budgeted.
The working days invoiced will be equal to the days actually spent working in the
BC (excluding travelling time and weekends), irrespective of the exact time of
arrival in and departure from the BC:
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- A full working day will be counted if the expert spends at least seven
working hours (excluding any break) working with the beneficiary
administration in the BC.
- A half working day will be counted if the expert spends at least four
working hours (excluding any break) working with the beneficiary
administration in the BC.
The per diems will be equal to the number of nights spent in the BC, calculated on
the basis of the actual arrival and departure dates.
5.4.4. Inputs in the MS Home Administration or Mandated Body
For work performed in the MS for the benefit of the Twinning project, the MS
receives a financial contribution in the form of Twinning management costs
compensation as detailed under section 5.8.
5.4.5. Staff Categories and rates of reimbursement
Employment status and corresponding rate of reimbursement
1. As a rule, MS experts (RTA and experts undertaking short and medium
duration missions) will be civil servants (see sections 5.3 and 5.4.1).
2. For RTAs emanating from a mandated body, the reimbursement of salary
will be based on the person's actual salary plus non-wage labour costs, without
any profit margin. For short and medium duration missions, please refer to
section 5.4.2 for the respective rates.
3. Temporary public employees may exceptionally be hired by MS
administrations or mandated bodies, if there are not enough civil servants
available to act as experts in Twinning projects. These experts, temporarily
recruited by the administration, may only act on its behalf provided they have
the necessary experience and are not subject to any conflict of interest. The
contract between such experts and the recruiting administration or mandated
body must clearly integrate the expert into the contracting organisation, identify
the person to whom they report and who is responsible for their backup, thus
attributing full responsibility for the quality of their services. The duration of
the employment of temporary public employees should as a rule not be limited
or should not be identical to the duration of their Twinning involvement. In
practical terms, their employment should pre-exist 6 months prior to the start of
their assignment.
If they are contracted by an administration, reimbursement for their
remuneration will be the same as for a statutory civil servant of comparable
competence and seniority.
If a mandated body contracts them, reimbursement will be based on the rate for
a comparable expert from the same body.
77
4. Recently retired experts (less than two years before the call for proposals may
be reactivated as temporary public agents, either by administrations or
mandated bodies. Like non-statutory civil servants, they must be linked to the
body responsible for a Twinning project by a contract.
Reimbursement of the salary of retired experts will be based on the above
principles for temporary public employees.
Where national legislation provides for deduction of the pension amount from a
public sector salary, the project will only reimburse actual salary expenditure of
the contractor.
These provisions do not apply to the Project Leaders who must be currently
working in the MS administration (see section 2.2.1).
The fees and rates defined above for the different categories of experts are
compulsory. Compliance with these fees and rates is essential for the sound
financial management of Twinning projects. Any departure endangers equality
between the MS administrations engaging in Twinning and/or undermines
Twinning as a credible instrument for targeted administrative co-operation.
It is recalled that this article cannot be of application for the position of project
leader.
5. Member States administrations should avoid at all costs:
(a) The use of Mandated bodies involving civil servants in Twinning projects
with the sole purpose of attracting the higher mandated bodies fees;
(b) The use of Mandated bodies as umbrella organisations to involve private
sector experts (including private lawyers or NGO employees) hired for
contractual assignments limited to their Twinning involvement, without any
structural linkage to the body involved.
6. Twinning offers hands-on, practical expertise, provided by civil service from
peer administrations. To preserve this distinctive quality of Twinning it is
essential that the experts proposed by the MS administrations are administrative
practitioners. University scholars and professors including from public
universities, researchers or private lawyers do not belong to the administrative
services entrusted with legal interpretation of the acquis and must normally be
excluded. Universities or research institutes may only be proposed in very
exceptional cases (for instance in highly specialised and technical fields) for ad
hoc Twinning mandates but not for general mandated body status.
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5.5.
Intangible supplies and provision of services
Such items as development or purchase of computer software, provision of
documentation, translation of texts, private interpreters and similar fall under this
category and should be included in the budget of the Twinning contract (Annex
A3).
Rules and limitations applicable to the provision of these services are detailed in
sections 4.7 and 5.10 (provision of translation and interpretation), and in section
7.6 (private sector inputs).
5.6.
Travel & Per Diem
5.6.1.
Travel

Travel costs are estimated in the budget and reimbursed upon the actually
incurred cost.

The basic rules for travel are: economy class air fare or first class train ticket,
whichever is more appropriate and economically advantageous.

Travel by car is reimbursed the price (as quoted by a travel agency) of the
equivalent air or train ticket according to the rules set in the previous
paragraph. Where neither air, nor rail transport is available or appropriate,
travel by car is reimbursed at a rate of EUR 0.25/km (use of private car) or at
actual cost (other cases). Where several experts jointly make use of a car, the
reimbursement will be made only once.

Whatever the means of transport chosen (car, plane, train, rented minibus,
etc…) the solution must be financially sound and economically advantageous.

The only exception is the RTA monthly travel allowance (see Annex A7 to the
Twinning Contract), which is calculated at the beginning of the project and is
paid monthly without requiring a proof of travel.

Visa costs are eligible for reimbursement as part of the travel costs.
For air travel the cheapest possible tariff must be applied. If the use of a reduced
rate air fare requires an additional overnight stay, the expert is entitled to receive
the corresponding per diem, limited to the amount of the saving on the air fare if
the latter is lower than the applicable per diem rate. Where the use of a special
economically priced ticket is not possible, a full economy ticket shall be used
instead.
Transport to and from the airport of the city where the expertise is to be delivered
is considered as local transportation and is covered by the per diem. Exception is
granted for flight departures before 7.00 and arrivals after 22.00 hours, in which
case a taxi fare may be charged separately. Where inter-city travel is required to
reach the airport, the rules for travel by train apply.
79
Travel of MS experts, including RTA, within the BC must be identified and
budgeted separately. Whenever possible, the use of public transport is mandatory.
In case of travel by car, the rules of reimbursement defined above shall apply.
Travel by car is under the own responsibility of the MS experts. Under ENPI,
costs for travel by BC officials from their capital to a MS or between MS (e.g. in
the framework of study visits) may be eligible. Under IPA these costs are borne by
the BC administration.
Costs for travel by BC officials within a MS are eligible under both IPA and
ENPI.
5.6.2.

Per Diem
Short term experts

MS experts are entitled to an allowance (per diem) when working in the BC.
The per diem covers hotel, food and local transportation costs.

Per diem rates are communicated by Commission Headquarters to National
Contact Points in MS and BC as well as to other stakeholders. They are based
on the list published by the United Nations, which is available on EuropeAid
website4, and may be adapted for the purpose of Twinning. They are maximum
rates: lower rates may also be applied.

Per diem rates are generally updated twice a year, in January and July. The
per diem rate will therefore vary over the lifetime of the project,
depending on the moment when a mission takes place. The rate applicable
for a mission is the one applicable on the first day of travel.

The number of per diems is calculated upon the number of nights spent away
from the home base (no half per diems are paid).
BC staff travelling to a MS in the framework of a Twinning project is entitled to
per diems according to the same rules.
Resident Twinning Advisers
RTAs receive, throughout the period of their secondment, a subsistence allowance
equal to 50% of the per diem rate in the BC. The applicable rate is fixed at the
time of the signature of the Twinning contract for its entire duration and is
not subject to revision.
5.6.3.
Provision for changes in prices
The budget should contain a provision for changes in prices (maximum 2.5% of
the total budget) to cover fluctuations in unit rates for reimbursable costs that can
arise during the implementation of the Twinning project (travel, per diem rates and
variation in actual salary paid to the RTA). See section 7.7.
4
http://ec.europa.eu/europeaid/work/procedures/implementation/per_diems/
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5.7.
Training and Seminars
5.7.1.
Training in the BC
Eligible costs for trainings in the BC are mainly fees of MS experts. However, fees
of MS experts present in the BC for an activity that is not limited to the training
should not be allocated to the budget of the training but to the budget of the
activity: no additional fees or per diems can be counted in excess of what has been
budgeted under the activity.
Other eligible costs for trainings may be:



training documentation;
interpretation (see section 5.10);
transport for on-site visits etc.
Where (part of) the training is sub-contracted to the private sector, the MS shall
apply the appropriate procurement procedures as described in Annex A4 and in
section 7.6 below.
Costs related to participation of BC staff in the training, including transport and
per diems, are paid by the BC.
5.7.2
Study visits in the MS and Trainee/internships for BC
officials in MS Partner Administration
When planning study visits in the MS partner administration, Twinning partners
must apply the following principles, which may be further detailed by the
Contracting Authority:






Cost effectiveness and sound financial management;
Direct link between the objectives defined in the Project Fiche and the
planned study visit(s);
Direct relevance for the participating BC officials and for the mandatory
results of the Twinning project;
Adequate and intensive follow-up of the study visit(s);
Adequate evaluation by the BC participants and direct involvement in the
activities undertaken in the framework of the study visit(s);
Study visits to non EU MS are not eligible.
The MS Twinning partner may also propose a limited number of administrative
internships in its own administration for selected BC officials. Internships may
indeed contribute to the further reinforcement of the structural links between the
administrations involved in the Twinning project. Internships differ from study
tours not only in number of participants and duration, but also in methodology
(following the MS peers in their day-to-day tasks).
81
Under ENPI, costs for travel by BC officials from their capital to MS or between
MS may be eligible. Under IPA these costs are borne by the BC administration.
Costs for travel by BC officials within a MS are eligible under both IPA and
ENPI.
Per Diem allowances for BC trainees are eligible for funding through the project in
all countries. For traineeships of more than 2 months the per diem allowance rate
is reduced by 30% as of the 3rd month.
Certain dedicated MS training institutions delivering intensive highly specialised
training operate on a fee basis for any trainee; such fees are eligible. If these fees
include accommodation or/and meals, the corresponding amounts must be
deducted from the per diem paid to the participants in order that the total amount
paid does not exceed the applicable per diem rate..
Costs for expert fees of MS experts (including transport, per diem, expert fees)
accompanying study visits in MS are not eligible. These costs are covered by the
Twinning management costs’ compensation as detailed under section 5.8.
Small incidental costs may be charged to the budget and paid to the MSP(s) on a
unit cost basis (maximum EUR 10 per trainee per day) and reported without
supporting evidence.
5.8.
Twinning Management Costs Compensation
5.8.1.
General Principle
The Twinning contract budget (Annex A3) must not include any expert or other
fees corresponding to work performed outside the BC. This rule applies whatever
is the nature of the work performed or of the expenditure incurred: preparation or
follow-up of mission, accompaniment of study visit, delivery of seminars, coordination, logistical management (accounts) overheads or any other incidental
costs.
Instead, taking the form of a global contribution to the costs arising from the
preparation and implementation of a Twinning project, all fees included in the
budget for short and medium-term expertise (including fees for MS PL) delivered
in the BC is complemented with compensation of 150% for Twinning
management costs. The MS organisation in charge of the Twinning project may
dispose of it for covering any costs arising in the MS in connection with the
project, including any related overhead costs.
Since Twinning Contracts are modelled on grant contracts, they are subject to the
overall requirement that they may not yield a profit for the implementing MS
partner (public administration or mandated body).
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5.8.2.
Recipient
The twinning management costs compensation is invariably reported by and paid
as a flat rate to the MS (Lead) Partner in conjunction with any fees corresponding
to work performed in the BC.
Where several MS are involved in a Twinning project, the Lead MS Partner is
responsible for transferring to the other MS Partner(s) in the consortium all or a
proportion of the Twinning management costs compensation corresponding to
their participation in the work performed in the BC. The lead MS Twinning
partner may retain a reasonable proportion of the Twinning management costs
compensation to cover the additional work and costs incurred due to its leadership.
It is important for the good implementation of the project that the consortium
agreement signed between the Lead MS and the other MS partner(s) involved in
the project lays down clear and precise modalities in this respect. The members
of the consortium elaborate this agreement independently without any advice or
interference from BC administration or Commission services.
5.8.3.
Budget presentation
In the Budget (Annex A3) and within each activity, every budget item
corresponding to fees for work performed in the BC is immediately followed by a
budget item entitled ‘twinning management costs compensation’ and quantified at
150% of the preceding item. These amounts are indicative: payment will be based
on the actual number of days of work performed in the BC.
5.9.
RTA Assistant
The RTA should be assisted by a full time project assistant for providing
translation and interpretation services on a daily basis and for performing general
project duties. Only in very exceptional cases should the requirement for an
assistant be waived.
In most cases the costs of the RTA assistant are funded by the Twinning contract
This has to be indicated in the Twinning work plan (Annex A1 to the Twinning
contract) and the corresponding estimated costs must be included in the project
budget (Annex A3 to the Twinning contract).
The BC may also consider ‘seconding’ the RTA assistant from their own
administration rather than having an external recruitment under the Twinning
contract. The advantage of this solution is to have a RTA assistant with ‘in house’
knowledge of the BC administration. In this case, the costs of the RTA assistant
are not included in the Twinning contract.
RTA assistants funded by the Twinning contract must not have had, at least during
the 6 months preceding their recruitment, any contractual relation with the
beneficiary administration.
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The recruitment procedure may be launched before the signature of the Twinning
Contract but the RTA assistant may not start to work and corresponding costs will
not be eligible before the start of the Twinning contract. A minimum of three
candidates must be assessed/ interviewed.
External recruitment of the RTA assistant must be in the form of a service contract
to be awarded and concluded either by the MS Lead Partner or by the Contracting
Authority. The award and conclusion of this service contract are governed by the
provisions of Annex A4 (contract award procedures). In all cases, the RTAs shall
have a decisive say in the choice of their assistant and this obligation that cannot
be subject to exception.
In case where the RTA assistant has to be replaced, a new recruitment procedure
must be launched: it is not authorised to use the results of the initial recruitment
procedure (e.g. list of pre-selected candidates).
5.10. Translation and Interpretation
As a matter of principle, the BC bears all the costs incurred for the implementation
of the Twinning project that are not included in the Twinning contract (see section
5.13). An exception may however be made for the costs of translation and of
interpretation.
In this case, costs for these services will be included in the Budget of the Twinning
contract (Annex A3) in relation to each activity for which they are required. The
ceiling of EUR 10 000 per budget item must be respected in case of external
services, unless lower ceilings are drawn up by the Contracting Authority in the
BC.
Translation costs must be counted using the rates applicable in the BC.
Interpretation costs may be counted using the rates applicable at the place where
the activity requiring interpretation takes place. For activities taking place in the
MS, it may however be economically advantageous to contract interpretation
services in the BC (travel costs and per diems for the interpreter(s) must be taken
into account in the cost comparison). In all cases, project partners are strongly
encouraged to seek value for money.
The Contracting Authority in the BC will indicate the local price range applicable
for translation and interpretation.
If the identified volume of translation and/or interpretation is considerable (see
sections 4.7.1 and 4.7.2), it may be envisaged for reasons of cost-effectiveness, to
recruit a full-time or part-time interpret/translator in addition to the RTA assistant.
The provisions defined in section 5.9 that are applicable to the recruitment of RTA
assistants funded by the Twinning contract shall be followed for the recruitment of
the interpreter/translator.
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5.11. Equipment
Large Scale Equipment
Reference to equipment necessary for the implementation of the Twinning project
must be mentioned in the Twinning work plan. This equipment, when needed,
must not be financed by the Twinning budget. In certain cases, it may be possible
that this procurement is financed in parallel with EU funds.
In all cases, it is the responsibility of the BC to secure financing for this equipment
from a source of its choice and to ensure that the equipment is available when
needed so as to not jeopardise the implementation of the Twinning project.
Office Equipment and supplies
The BC Twinning partner is solely and entirely responsible for providing all
necessary office equipment to ensure effective working conditions for the project
and, in particular, for the RTA.
The budget of the Twinning contract must not fund any office equipment
(desktops, laptops, mobile phones, faxes, scanners, CD-burners etc.)
In very exceptional cases and subject to due written justification, small items of
essential supplies (e.g. small laboratory testing consumables or equipment) for a
total cost of not more than EUR 5 000 may be funded by the Twinning contract to
ensure that the implementation of the project can proceed smoothly. The
Contracting Authority/AO must assess the proposed expenditure restrictively, in
the light of its knowledge of the BC possibilities and on a case by case basis.
Any equipment purchased with project funds will become the property of the BC
at the end of the project. Purchases must be transparent and must respect the
provisions of Annex A4, in particular the rules of nationality and of origin
applicable to the European Union programme funding the Twinning project.
5.12. Private Sector Sub-Contractors
Where a MS Partner is unable to carry out an activity necessary to the
implementation of the Twinning project and provides adequate certification to that
effect, this activity may be subcontracted. This could be the case for example of
software design or development, for which private sector specialist input would be
essential for the achievements of the Twinning project.
MS Partners are not allowed to subcontract key activities of the Twinning
project, which must in all cases remain the sole prerogative of the public
sector actors of the MS Partners.
All services to be subcontracted must be included in the Budget of the Twinning
contract (Annex A3) with an annotation indicating clearly by which authorities
these items will be contracted and paid.
85
Private sector experts included in Twinning contracts under the above
circumstances must be budgeted based on their fees (invoices) and are not eligible
for Twinning management cost compensation.

The selection of private sector sub-contractors must comply with the rules and
procedures described in section 7.6 and defined in Annex A4.

All invoices and supporting documents related to private sub-contractors input
must be kept for expenditure verification and audit purposes.
5.13. Twinning Costs not covered by the EU
1.
All Twinning projects must be co-financed by the BC. The direct and
indirect cost of the BC administration, civil servants and national private
experts working for the project must be borne by the BC.
2.
Under IPA, costs of travel by BC officials from their capitals to a MS or
between MS (e.g. in the framework of study visits) are not eligible. In other
Twinning projects such costs may be eligible5.
3.
Costs for large-scale equipment necessary for the implementation of the
Twinning project must not be covered by the Twinning contract.
4.
The BC must provide free of charge the MS experts, including the RTA,
with the requisite facilities for professional use. Accordingly the following
costs are not eligible under the Twinning contract:









adequately equipped office space
telephone
email services,
fax
photocopiers
computer
internet access
secretarial support
venues for conferences, training and workshops (except for kick-off and
closure meetings - see section 9.4)
 access to information
5.
5
Duties, taxes and charges including VAT are not eligible under the
Twinning contract, unless the MS Partner can demonstrate that it cannot be
exempted or reimbursed, and under the condition that the European Union
programme funding the Twinning contract authorises the reimbursement of
such taxes (see article 14.2 of Annex A2).
Under ENPI, these costs may be eligible.
Travel costs of by officials within a MS are eligible under both IPA and ENPI.
86
For VAT on expenses incurred in the BC, certain beneficiary countries have
a mechanism in place with the local Ministry of Finance to address this issue.
MS Partners are advised to make careful enquiries before engaging in any
purchase that may involve the payment of VAT or of any other duties, taxes
and charges.
6.
MS expert fees or any other expenses related to MS experts input performed
outside the BC are not eligible under the Twinning contract. These costs are
deemed to be covered by the twinning management costs compensation.
EU funds must not be used to fund BC running costs. In the perspective of the
long-term sustainability of the Twinning project and in order to ensure that
systems are established which are commensurate with BC future funding capacity,
BCs are expected to commit their own resources to Twinning projects (about
sustainability, see section 9.2)
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PART C
IMPLEMENTATION OF TWINNING PROJECTS
88
Section 6: Management of Twinning Projects
6.1.
Timing and deadlines
It is estimated that the entire process from request for proposals from MS to the start
of project implementation would last 7- 8 months in total.
The RTA will be expected to be in place within one month following notification of
signature of the Twinning Contract.
6.2.
Management by the Project Leaders
The signatories of a Twinning Contract will manage both the finances and the
logistics required for its organisation and implementation.
MS activities are therefore organised and implemented by the Project Leader.
Similarly, BC activities will be organised and implemented by the Project Leader
from the BC. The Project Leaders will have to work together closely to co-ordinate
their activities.
In practical terms, the RTA is likely to play an important role in assisting the Project
Leaders in the co-ordination and management of the project.
The Twinning management costs compensation for work performed outside the BC is
at the disposal of the MS Project Leader to be deployed for any expenses arising from
the implementation of the project and not charged separately in the budget: expert
fees for any work performed outside the BC, preparatory and reporting work on
substance, accompaniment of traineeships or study visits, delivery of training in a MS,
logistical and financial management, co-ordination between MS partners, etc.
These tasks and responsibilities require strong project management capacity and
a minimum of financial and legal autonomy. Each MS is free to choose the most
appropriate co-operation architecture according to the structure of its national
administration.
It must be underlined that the functions of the Project Leader, who ensures overall coordination and political steering, are to be distinguished from project management
(accounting, bookkeeping). The costs that arise from making available the required
management capacity in the MS administration can only be covered by the Twinning
management costs (see section 4.6).
6.3.
Monitoring
The sole reason and justification for Twinning is the achievement of the mandatory
results. In the case of ambitious, large-scale and lengthy projects, there is a real
danger that this purpose may become obscured as time goes by, and that the rest of
89
the exercise will achieve only piecemeal and limited advances in a few areas. Close
monitoring of projects will therefore be needed in order to identify and rectify any
problems that may arise.
Following the receipt by the EU Delegation/CFCE/AO of the 2nd interim quarterly
report (see section 6.4), a review will systematically be undertaken. The review will
be conducted by

in IPA BC under centralised management, by the EU Delegation;

in IPA BC under decentralised management with ex ante control, by the EU
Delegation and the CFCE;

in IPA BC under decentralised management without ex ante control and in ENPI
BC, by the AO in coordination with the EU Delegation as appropriate.
The review will be conducted in consultation with the partners and it should also be
discussed during the quarterly meetings of the Project Steering Committee,
established for each Twinning project. The Committee is composed of the Project
Leaders (MS, lead and junior and BA), the RTAs and representatives of the
Administrative Office and of the EU Delegation. Any observer to the SC should be
approved by the CA. They will meet to discuss the progress of the project, verify the
achievement of the outputs and mandatory results and discuss actions to be undertaken
in the following quarter. The Project Steering Committee will also discuss the draft of
the quarterly report submitted to it beforehand and will recommend corrections.
In general, the review may lead to reorientation of the project or, in extreme cases,
withdrawal of financing, i.e. termination of the project. Where the Twinning Contract
is linked to other contracts (e.g. TA or supply) as part of a larger project, it is highly
recommended that the Project Steering Committee covers the project as a whole and
also discusses the other components to ensure good coordination.
Additional monitoring will take place in the framework of regular operational coordination meetings between

the BC, the MS and the EU Delegation/CFCE (IPA under centralised management
/decentralised management with ex ante control);

the BC, the MS and the AO in coordination with the EU Delegation as appropriate
(IPA under decentralised management without ex-ante control and ENPI).
For this purpose monthly meetings between the EU Delegation/CFCE/AO, BC
Ministries concerned with Twinning projects and RTAs should be held.

The MS Project Leader will be required to submit formal reports; the BC Project
Leader should be fully involved in this process and will be required to co-sign
such reports. (see section 6.4)

The proper implementation of Twinning projects may be assessed by monitoring
bodies set up by the respective EU programme, in order to review results and
achievements of the project against those set out in the work plan.
90
6.4.
Project Reporting Requirements
6.4.1.
Reporting requirements
Proper project reporting is essential to ensure effective follow-up of implementation,
to properly evaluate the results and to ensure high quality for the project itself and for
future projects.
Project reports must focus on the Twinning project but also place the contract in the
context of related activities within the same programme and/or sector. Twinning
reports should be a basis for inputs to sectoral or programme level monitoring reports,
in particular highlighting issues that cannot be solved at the level of the Twinning
project.
The MS Lead Partner must draw up Interim Quarterly Reports and a Final Report.
The MS Project Leader is responsible for submitting these reports to the
concerned authority. The BC Project Leader must be fully involved in the reporting
process and should be given adequate time to put forward comments. The BC Project
Leader must also co-sign each report before it is submitted by the MS Project Leader.
Interim Quarterly Reports and Final Report shall consist of a content section
and of a financial section. Reports are drafted by the MS Project Leader and must be
first submitted to the counterpart BC Project Leader, for comments (if any) and for
co-signature, prior to formal submission to the designated authority. Reports must
reflect not only the Project Leader’s own opinion on the progress of the Twinning
project, but shall also be based on and reflect the information contained in the reports
provided by the RTA, by the BC and by other sources (i.e. MS experts, training and
seminars etc.). It is essential that the BC is fully involved in the preparation of each
report, in order to ensure a comprehensive insight into project progress.
The reports must be submitted to:
Reports to be
submitted to:
IPA
centralised /
decentralised
with ex ante
control
IPA
decentralised
without exante control
EU Delegation
X
X
Administrative Office/
Programme
Administration Office
(CFCE)
ENPI
ENPI
(Centralised)
(Decentralised)
Copy
X
Copy
X
Copy
X
Reports must be discussed in Quarterly Steering Committees, called by the
Contracting Authority in agreement with the RTA. They must contain, as a minimum,
the information detailed in the next sections. If minimum reporting requirements are
not met, the Contracting Authority reserves the right to review or suspend funding of
the Twinning project, after prior approval of this decision by the Commission
Headquarters.
91
Reports must be submitted in accordance with the time limits detailed below. They
are deemed to be approved by the Contracting Authority in the absence of any
feedback within 45 days following their submission.
Notwithstanding the provisions of this section on project reporting requirements, for
the purposes of payment procedures, the reporting period to be considered
corresponds to 12 months of implementation.
Report templates are available in in Annex C4 to the Manual.
6.4.2.
Interim Quarterly Reports
Throughout the duration of the Twinning project, at three-monthly intervals starting
with the date of notification of signature/endorsement of the Twinning contract, the
Project Leaders will prepare interim quarterly reports.
The first interim quarterly report covers generally a period of project implementation
shorter than three months, due to the fact that the arrival of the RTA in the BC and the
beginning of the work schedule do not coincide with the date of notification.
Interim quarterly reports are due during the month following the quarter under
consideration: the first interim quarterly report is due in the fourth month following
the date of notification of the Twinning contract.
The interim quarterly reports must:
1. Describe progress achieved in the implementation of the Twinning project during
the period under consideration, making direct reference to the timetables and
benchmarks as set out in the Twinning Work Plan, and highlighting any
previously unforeseen activities or activities that have been cancelled.
2. Update on the general environment for project implementation.
3. Update on the assumptions and risks for project implementation.
4. Make an overall evaluation of the progress achieved, including an explicit
judgement on the likelihood of fully completing the project within the remaining
time scale and budget. Specific reference should be made to the progress made
towards the mandatory results and project purpose as outlined in the project fiche
with measurement based on indicators set in the contract. The progress towards
achieving target values of these indicators should be measured as well as the
adequacy of the indicators.
5. Provide recommendations.
The financial part of the interim reports, must document the actual expenditure
in relation to budgeted expenditure. A list must be annexed that details each item of
expenditure incurred in the period covered by the report, and indicating for each item:
title/description, amount in local currency and in euro, relevant budget heading, and
reference of the justifying document.
92
6.4.3.
Final Report
The MS and BC Project Leaders will jointly prepare, co-sign and submit to the
designated authority a final report.
The final report shall be forwarded no later than three months after the
implementation period (work plan) as defined in article 2 of the Special Conditions of
the Twinning contract. This implies that the final report, the request for final payment
and the expenditure verification report must be submitted at the latest during the last
month before the end of the legal duration of the Twinning contract.
It will include:

Executive summary of the Twinning project.

Background information: Description of the original situation in the relevant area
of the BC administration before the project, indicating the gaps that the project
intended to address; and listing objectives, purpose and mandatory results of the
Twinning project.

Implementation process: developments outside the project and project
developments; any significant difficulties encountered.

Achievement of mandatory results based on measurable indicators and the set
target values: if these have not been achieved a detailed explanation must be given
on the underlying reasons and an action plan to complete the project must be
submitted.

Analysis of the long-term impact of the project, its sustainable results and
identification of potential relevant follow-up actions, if applicable.

Information on the steps taken to ensure the visibility of EU financing.

Conclusions, recommendations to ensure sustainability of project results,
including lessons to be learned for future Twinning projects.

Proof of transfers of ownership (if applicable) and a final statement of all eligible
costs of the Twinning project, plus a full summary statement of the Twinning
project’s income and expenditure and payments received.
The final financial report must be accompanied by an expenditure verification report
from a recognised, independent auditor, following the template in Annex A6 to the
Twinning Contract (see section 7.3).
If the MS fails to provide the Contracting Authority with a final report by the deadline
specified above, and fails to provide an acceptable and sufficient written explanation
of the reasons why this obligation could not be complied with, the Contracting
Authority may terminate the Twinning Contract in accordance with section 6.7.2 of
this Manual and with article 12.2a of the General Conditions (see Annex A2 of the
Twinning Contract) and recover the not substantiated amounts already paid to the MS
Partner.
93
6.5.
Evaluation/Monitoring of the Action
The Commission will, at regular intervals, contract independent experts for evaluating
Twinning projects, according to themes or countries or technical aspects of the
instrument.
Article 8 of the General Conditions of the Twinning Contract applies.
6.6.
Changes to a Twinning Contract
The work plan of a Twinning project needs to be prepared and agreed with sufficient
detail before the starting of the Twinning project, in order to provide objective
grounds for the funding requested. However, in practice, with many different
activities taking place, a Twinning project is subject to all sorts of unforeseen events
and may need to be adjusted in the course of implementation. A certain degree of
flexibility is therefore necessary. Changes to the mandatory results should be
exceptional and duly justified and should not contradict the provisions of the
respective financing decisions.
Twinning contract modifications cannot apply retroactively.
It is hereby reminded that the breakdown of costs in a Twinning budget (Annex A3)
follows the logic of the work plan (Annex A1) (RTA, delivery of a seminar, expert
mission on a particular topic, elaboration of training material, etc.). In other terms, the
budget must follow an activity based budget format and under normal circumstances
any change in the work plan will entail a corresponding change in the budget.
The following section therefore firstly details (1) the requirements for all changes to a
Twinning Contract and thereafter (2) the more specific rules regarding budgetary
changes.
(1) Changes in General
Two procedures shall apply:
A. Addenda
Substantial changes to the Twinning Contract must be formalised in an
addendum signed by both MS administration and BC administration and
requiring prior approval by the AO/PAO (when appropriate) or the EU
Delegation (Twinning under IPA before conferral of management power
without ex ante control and Twinning under ENPI, in a centralised management
framework).
The following changes to a Twinning Contract require a formal addendum:
94

Under IPA: the EU Acquis related to the project / Under ENPI: the relevant field
of co-operation with the EU and the EU Acquis related to the project. (Article 2
of the Work plan)

The MS administration involved in the Twinning project as mentioned in Article 5
of the Twinning Contract

The execution period of the contract and the implementation period of the Action
(Article 2 of the Twinning Contract)

Mandatory results and the benchmarks to be achieved (Articles 3 and 4 of the
Work plan). (for changes concerning the means used for implementation, the time
schedule and dates, the identity of short term MS experts an addendum is not
needed).

Identity of the Lead MS and BC Project Leaders and of the RTA.

Reallocations beyond 25% of the total Twinning Budget (see below)6.
Under IPA, the binding opinion of the Steering Committee at Headquarters shall be
requested on the above mentioned proposed changes except for the change of the BC
Project Leader or for the budgetary reallocations beyond 25%.
An addendum is not required when the implementation and/or the funding of the
Twinning Contract is suspended or resumed, or when the Twinning Contract is
terminated7. The decisions to suspend and resume the implementation and/or the
funding of the Twinning Contract, or to terminate the Twinning Contract must be
notified to the concerned parties as listed in Article 5 of the Special Conditions
(Annex A).
As a result of the lifting of a suspension, an addendum may be required to extend the
duration of the contract and, if relevant, to adapt the Twinning Contract to the new
implementing conditions8. The extended implementation period must however not go
beyond the end of the operational implementation phase of the Financing Agreement
under which the Twinning contract is funded (where there is a Financing Agreement).
Under IPA, the decision to suspend or terminate the Twinning Contract requires that
the EU Delegation (in case of centralised management or after conferral of
management power with ex-ante control) or the Administrative Office (after conferral
of management power without ex-ante control) must request a binding opinion from
Commission Headquarters (Steering Committee).
Under ENPI, when the Contracting Authority is not the European Commission, the
decision to suspend or terminate the Twinning Contract requires the prior approval
of the EU Delegation.
6
The overall budget for a Twinning project cannot be increased.
These matters are ruled by Article 7.2.3 of the Special Conditions (Annex A of the Twinning
Contract) and by Articles 11 and 12 of the General Conditions (Annex A2 of the Twinning Contract).
8
Article 11.10 of the General Conditions (Annex A2 of the Twinning Contract).
7
95
B. Side letters
If the changes sought do not concern one of the points listed under A above, side
letters suffice where there are:

Changes which do not affect the basic purpose of the project as explained above;

Reallocations below 25% of the total Twinning budget9

Changes concerning the identity of MS experts and Junior Project Leader
The two Project Leaders (MS and BC) can autonomously and jointly decide on a side
letter, provided the principles described in the present section as well as the Twinning
rules are respected. They formalise the change in the form of a side letter to the
Twinning Contract, which lays down the changes and which is jointly signed by both
MS and BC PL. MS PL may however delegate RTA to sign side letters on his/her
behalf. The side letter is addressed to the Contracting Authority.
The duly signed side letter must be notified by a secure means of communication, so
that dispatch can be proven in the event of dispute.
Side Letters
(Administrative
Orders) to be notified
to:
EU DELEGATION
ADMINISTRATIVE
OFFICE
IPA
centralised
IPA
decentralise
d with ex
ante control
X
X
X
IPA
decentralise
d without
ex-ante
control
X
ENPI
ENPI
(Centralised)
(Decentralised)
X
Copy
Copy
X
CFCE
Changes must be notified before they can apply or be implemented: the changes
will only become effective 48 hours (two working days) after the date of
notification of the side letter. In duly justified cases and in agreement with the
CA, the deadline can be reduced to 24 hours. Costs incurred before the
notification of the side-letter are not eligible and shall not be reimbursed.
Under IPA, constitute side letters also the documents providing full details of
activities and their corresponding budgeted costs ('operative side letters' see sections
3.8, 4.1 and 5.1.1.1 and Annex C15). Considering their relevance for the
implementation of the project, they must be signed by the two Project Leaders,
without the possibility of delegating the RTA. The initial operative side letter is signed
and endorsed at the same time as the contract. For the subsequent operative side
letters a duly signed copy shall be notified by a secure means of communication as
shown in the table above. They can be implemented as of the sixth working day
following the date of dispatch, unless the institution in receipt has comments or
reservations. In case changes are required, the amended version, signed by the two
9
The overall budget for a Twinning project cannot be increased.
96
Project Leaders, shall be notified again; the same terms and conditions of the original
notification apply.
(2) Changes with budgetary impact
The following principles apply to all budgetary changes whatever their impact:

The overall budget for a Twinning project cannot be increased: existing
activity(ies) must be reduced or cancelled to introduce and finance new
activity(ies).

The unit costs (fees, daily allowances, etc.) must respect the rates set in this
manual; each Twinning project must include a full-time Resident Twinning
Adviser, resident in the BC for a minimum of 12 consecutive months; transfers of
budgetary resources may not jeopardise this requirement.

Introduction of a new activity must be justified by showing that it will be of real
use in achieving the mandatory results; availability of funds (following savings
under or cancellation of existing activities) is not sufficient to justify the
introduction of new activities and/or the extension of the execution period of the
Twinning contract.

Twinning Contracts can only be modified during the execution period of the
Contract.

Modifications cannot apply retroactively. The budget must be reallocated by
addendum or by side-letter before a new activity can be implemented. Costs
related to activities implemented before the entry into force of the corresponding
addendum or side letter are not eligible and shall not be reimbursed.
Specific budgetary changes through addenda:
Budgetary changes are summed up after each side letter. Once the total cumulated
amount of modifications reaches 25% of the total budget, any further modification
(independent of its size) requires an addendum to the Twinning Contract. After such
an addendum, budgetary changes can again be introduced through side letters, until
the total amount of the further modifications reaches 25% of the total budget.
Specific budgetary changes through Side letters:
As long as the budgetary reallocations of appropriations remain under a cumulated
total amount not exceeding 25% of the total budget of the Twinning contract, these
changes can be introduced through side letters. In other terms, all budgetary changes
are summed until the threshold of 25% of the total budget of the Twinning contract is
reached. The budget modification by which the 25% threshold is reached requires an
addendum. After such an addendum, budgetary changes can again be introduced
through side letters, until the total cumulated amount of the further modifications
reaches again 25% of the total budget of the Twinning contract.
97
Addendum to be
submitted to:
The addendum is drafted and jointly signed The Addendum is
by the signatories of the Twinning submitted for approval to
Contract (who may delegate this authority the EU Delegation
to the Project Leaders).
Signatures of the Addendum10
Region
IPA centralised
The Addendum is
submitted for approval to
the EU Delegation and to
the CFCE
IPA decentralised
with ex ante control
ENPI
10
While MS
The EU Delegation is entitled to agree or refuse endorsement of addenda on behalf of the Commission.
It must request a binding opinion from Commission Headquarters (Steering Committee) before agreeing
addenda concerning: changes to the mandatory results; change of the MS administration or mandated
body; removal, addition or change of Partner MS; change of MS Project Leader; change of RTA;
modification of legal duration.
Addenda introducing budgetary changes once the 25% budgetary threshold is reached are approved or
refused by the EU Delegation without referral to the Steering Committee at Headquarters.
The addendum is drafted and jointly signed The Addendum is
by the signatories of the Twinning submitted for approval to
Contract (who may delegate this authority the Administrative Office
to the Project Leaders).
without ex-ante
control
The EU Delegation is entitled to agree or refuse endorsement of addenda on behalf of the Commission.
It must request a binding opinion from Commission Headquarters (Steering Committee) before agreeing
addenda concerning: changes to the mandatory results; change of the MS administration or mandated
body; removal, addition or change of Partner MS; change of MS Project Leader; change of RTA;
modification of legal duration.
Addenda introducing budgetary changes once the 25% budgetary threshold is reached are approved or
refused by the EU Delegation without referral to the Steering Committee at Headquarters.
The addendum is drafted and jointly signed
by the signatories of the Twinning
Contract (who may delegate this authority
to the Project Leaders).
IPA decentralised
Who decides what?
The Administrative Office is entitled to agree or refuse endorsement of addenda. It must request the
binding opinion of the Commission Headquarters (Steering Committee) before agreeing addenda
concerning: changes to the mandatory results; change of the MS administration or mandated body;
removal, addition or change of Partner MS; change of MS Project Leader; change of RTA; modification
of legal duration. Addenda introducing budgetary changes once the 25% budgetary threshold is reached
are approved or refused by the AO, without referral to the Steering Committee at Commission
Headquarters.
Approval of the addendum
Following a positive opinion from the
Commission
Headquarters
(Steering
Committee) when required, the EU Delegation
endorses the Addendum and notifies it to the
parties.
The addendum enters into force on the date
of its notification by the EU Delegation.
Addenda are drawn up in three original
copies: one for the MS administration, one for
the BC administration and one for the EU
Delegation.
Following a positive opinion from the
Commission
Headquarters
(Steering
Committee) when required, the EU Delegation
requests the written approval of the
Addendum by the CFCE and then notifies it to
the parties.
The addendum enters into force on the date
of its notification by the CFCE
Addenda are drawn up in four original copies:
one for the MS administration, one for the BC
administration, one for the EU Delegation and
one for the CFCE.
Following a positive opinion from the
Commission
Headquarters
(Steering
Committee)
when
required,
the
Administrative Office notifies approval to
both MS and BC administrations by sending
them their request bearing the signed
acceptance of the Administrative Office.
The addendum enters into force on the date
of its notification by the Administrative
Office.
Addenda are drawn up in three original
copies: one for the MS administration, one for
the BC administration and one for the
Administrative Office.
The Contracting Authority is entitled to agree or refuse signature of the addendum. Where the Centralised management
The addendum is drafted and signed by The Addendum is
the signatories of the Twinning Contract submitted for approval to Commission is not the Contracting Authority, it is entitled to agree or refuse endorsement of the Once the addendum is signed by the EU
the signatories of the Twinning Contract the Contracting Authority addendum.
Delegation (= Contracting Authority) notifies
can delegate authority to the Project with a copy to the EU
approval to both MS and BC administrations
Leaders to sign any addenda on their Delegation (decentralised)
by sending them their request bearing the
behalf.
or to the PAO
signed acceptance of the EU Delegation.
(centralised).
Decentralised management
Once the addendum is endorsed by the EU
Delegation, the PAO (= Contracting
Authority) notifies approval to both MS and
BC administrations by sending them their
request bearing the signed acceptance of the
PAO.
In both cases (centralised and decentralised
management):
- the addendum enters into force on the date of
its notification by the Contracting Authority;
- addenda are drawn up in four original
copies: one for the MS administration, one for
the BC administration, one for the PAO and
one for the EU Delegation..
98
PL may delegate RTA to sign standard side-letters, MS PL must not delegate RTA to sign addenda or operative side-letters.
Sig
o
Ad
6.7.
Termination
6.7.1.
Termination of RTA secondment
If the RTA does not comply with the obligations laid down in section 2.2 of the
present manual, or for any duly substantiated reason, the BC and the MS may by
mutual accord terminate a long-term secondment at any time. The termination of
a secondment, whether or not there is a substitute for the RTA in question, may give
rise to a review of the EU funding for the entire or a part of the Twinning Contract
(which would require therefore an addendum to the Twinning Contract).
If an RTA is not fulfilling his/her obligations according to section 2.2 of the present
manual to satisfaction, or for any other duly substantiated reason, the Commission
and/or the administrative office may, at their own initiative or at the initiative of the
BC or the MS alone, propose a review of the funding of the Twinning Contract. In
such cases the Commission and/or the administrative office propose to the signatories
a review of the Twinning Contract as a condition for the continuation of all or part of
its funding.
In all other cases, the RTA secondment terminates at the end of the implementation
period of the project.
6.7.2.
Termination of the Twinning project
Article 12 of the General Conditions (Annex A2) of the Twinning Contract applies.
Either party (BC or MS) may terminate the Twinning Contract at any time by giving
three months' notice in writing to the other party (as specified in article 7.2 of the
Special Conditions), after having informed the Commission and the AO thereof.
Failure of a party to fulfil any of its obligations under the Twinning Contract entitles
the other party to terminate the Twinning Contract stating the grounds.
If such a failure occurs, or for any other duly substantiated external reason, the
Commission (IPA before conferral of management power without ex ante control and
ENPI centralised) or the AO after agreement with the Commission (IPA after
conferral of management power without ex ante control, ENPI decentralised) may
also halt funding of the project by giving three months’ notice in writing to the BC
and the lead MS.
Should the Twinning Contract be terminated for any reason, no payments shall be due
to the MS except for costs actually incurred or irrevocably committed (including staff
contract obligations) up to and including the date of termination.
99
Section 7: Financial Management and Control
7.1.
General Principles

All eligible costs incurred by the MS partner and its staff (salary for the RTA,
allowances and reimbursement of costs to the RTA) and all other project costs
detailed in the breakdown of costs are reimbursed to the lead MS under the
relevant EU Programme.

The RTA is responsible for the day-to-day financial management of his personal
allowances and record of expenditure. However, he/she should report at least
quarterly on his/her financial situation to the Project Leader. The Project Leader
should integrate the RTA report into the project financial statement sent quarterly
to the Contracting Authority. The Project Leader should establish from the
beginning the format of the report and instruct the RTA accordingly, so that
reports are delivered in a form compatible with the project financial statement.

For private sector inputs the appropriate contracting authority will make the
payments. If the contracting authority is the MS body responsible for the
implementation of the project (subject to an overall ceiling of EUR 5 000 for
equipment and a ceiling of EUR 10 000 per item for services), reimbursement will
be made in the framework of the overall settlement of accounts. Parties may agree
to assign all private sector contracting above that threshold to the AO, subject to
prior approval of the respective EU Delegation, where applicable.

With the exception of the first pre-financing which is triggered by the notification
of the signature of the Contract, all payments are subject to presentation of
requests for payment.

Requests for payment must bear the original signature of the MS Project Leader.

Payments funded by EU programmes are made in Euro. Costs incurred in other
currencies must be converted at the rate published by the Directorate General of
the
European
Commission
for
Budget,
at
InforEuro
http://ec.europa.eu/budget/inforeuro/index.cfm, for the month in which the
expenditure is incurred. There will be no compensation for exchange rate
fluctuations, which may arise between the date when the costs were incurred and
their payment by the payment agent. The payment agent covers the costs of its
own banking charges and the recipient bears the costs of its respective banking
charges.

Payments shall be made within 30 days of notification of the contract for the
initial pre-financing and within 60 days of receipt of the request for any
successive payments. In case of a consortium of Member States or when the
Commission is not the Contracting Authority, the deadline of 60 days is extended
to 90 days. Payment may be deferred if the services covered by the payment are
contested. The above mentioned payment deadlines do not include any delays
occurring as a result of banking procedures.
100

The payment agent for Twinning projects for each respective EU programme
is:
PROGRAMME
PAYMENTS
 CENTRALISED: EU DELEGATION
IPA
 DECENTRALISED WITH EX ANTE CONTROL: CENTRAL
CONTRACTING AND FINANCE ENTITY
 DECENTRALISED WITHOUT EX-ANTE CONTROL: ADMINISTRATIVE
OFFICE
ENPI
 DECENTRALISED WITH EX-ANTE CONTROL OF THE DELEGATION:
SUPERVISORY MINISTRY OR DELEGATION
 CENTRALISED/ DEVOLVED: EU DELEGATION
7.2.
Payment Procedure
Article 15 of the General Conditions (Annex A2) of the Twinning Contract applies.
Option 2 is followed in the case of standard Twinning, option 1 in the case of
Twinning Light. The procedure for payments in case of Twinning Light is detailed in
section 8.5.5.
For standard Twinning, the Payment Agency will make payments to the MS in the
following manner:

A pre-financing of 100% of the budget of the Twinning Contract corresponding
to first 12 months of the implementation period mentioned in article 2 of the
Special Conditions as financed by EU funds, within 30 days of notification of the
signature of the Twinning Contract (see section 3.11).
The budget (excluding contingencies and private sector services if contracted by the
Contracting Authority) will be divided by the number of months of the
implementation period, and then multiplied by twelve. For example, a project with a
budget of EUR 950 000, including a contingency of 2.5%, for an implementation
period of twenty months generates an initial pre-financing calculated as follows:
EUR 950 000 – EUR 23 750 (2.5% contingency) = EUR 926 250 / 20 (months of
implementation) = EUR 46 312.5 x 12 = EUR 555 750.

A second pre-financing of 100% of the budget of the Twinning Contract
corresponding to the following period of 12 months of implementation. When the
remaining implementation period is up to 18 months, the second pre-financing
covers it entirely. Considering that the MS Project Leader has a general obligation
to submit interim quarterly reports (see 6.4.2), the report submitted at the end of
the first 12 months period (fourth interim quarterly report) will serve as a basis for
the calculation of the second pre-financing. If the fourth interim quarterly report
indicates that the part of the expenditure actually incurred is less than 70% of the
initial pre-financing, the second pre-financing shall be reduced by the amount
corresponding to the difference between the 70% of the initial pre-financing and
the part of the expenditure actually incurred.
101
Following the above example, if the incurred expenditure is EUR 389 025 (70%
of EUR 555 750) or more, the second pre-financing will be EUR 46 312.5 x 8
(remaining implementation period) = EUR 370 500. If the incurred expenditure is
less than 70% the following calculation applies:
First pre-financing: EUR 555 750
70% of the first pre-financing: EUR 389 025
Actual incurred expenditure: EUR 350 000
Theoretical second pre-financing: EUR 370 500
Calculated second pre-financing: EUR 370 500 – (EUR 389 025– EUR 350 000)
= EUR 331 475

For further pre-financings the same procedures as for the second pre-financing
apply taking in due consideration the different reporting periods.
The MS Project Leader may submit a request for pre-financing payment before
the end of each 12 months period if the expenditure actually incurred is more than
70% of the last payment received and 100% of any payment received previous to
the last. In this case, the following reporting period starts anew from the end date
of the period covered by the payment request.
The value of the initial plus the following pre-financings payments may not
exceed 90% of the total budget of the Twinning Contract as indicated in article 3.2
of the special conditions, diminished by the amount of the contingencies not yet
reallocated.
For all pre-financing following the initial one, the MS Project Leader must
introduce a payment request using the model attached as Annex A5 to the
Twinning Contract, accompanied by a report prepared in conformity of section 6.4
of this Manual and by a forecast budget for the following reporting period. In
practice, a request for payment can be supported by the latest quarterly interim
report containing all the necessary retrospective information and data, and by
Annex A3 to the Twinning Contract (updated if amended).

Final payment corresponding to the final balance. Upon completion of the
Twinning project, and subject to approval of the final project report demonstrating
that the mandatory results have been achieved, the MS Project leader may submit
its request for final payment, together with the final global financial report
accompanied by the expenditure verification report.
Payments of all pre-financings following the initial one and the final payment
shall be made within 60 days of receipt of the request by the Contracting
Authority. The deadline for the execution of these payments is extended to 90
days if the Twinning Project is implemented by a consortium of Member States or
if the Commission is not the Contracting Authority.
The Contracting Authority may suspend the deadlines for payments according to
article 15.5 of Annex A2 to the Twinning Contract (General Conditions).
If the project duration is 12 months or less, the payments will be done in two
operations: the initial pre-financing and the final payment.
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7.3.
The expenditure verification report
The final financial report must be accompanied by an expenditure verification report
produced by an auditor approved or chosen by the Contracting Authority and
identified in article 5.2 of the Twinning contract. The auditor must certify that all
transactions invoiced by the MS Twinning partner were duly justified in accordance
with the established rules and arose solely as a result of the Twinning Contract.
Veracity as well as eligibility of the transactions must be audited.
The expenditure verification report can be provided by a national institution for
independent external auditing for instance by the Court of Auditors.
The expenditure verification report shall be forwarded no later than three months after
the duration of the work plan. This means that the expenditure verification report has
to be submitted at the latest during the final month before the end of the legal
duration.
If the MS implementing organisation cannot provide an expenditure verification
report in support of the request for final payment, an expenditure verification report
valid under the law of the MS shall be commissioned and its costs included in the
actual costs invoiced and mentioned in the budget.
The expenditure verification report dispenses MS implementing bodies from
submitting original documentary evidence to the contracting authority when
requesting payment. In case the contracting authority or the Commission decides
nevertheless to conduct a random check of payments and accounts of a Twinning
project, original documentary evidence shall be made available.
A template of the expenditure verification report is provided in Annex A6 to the
Twinning Contract. The provisions for expenditure verification report as stated under
Article 15.7 of the General conditions apply.
7.4.
Services Rendered and Documentation in Support
of Requests for Payment
7.4.1.
Endorsement by the Beneficiary of Services Rendered
On the basis of detailed supporting documents in accordance with the breakdown of
costs as detailed in the budget (Annex A3 to the Twinning Contract and operative side
letters under IPA), the MS Project Leader is responsible for soliciting an endorsement
of services rendered, corresponding to the period invoiced, from the beneficiary. For
the sake of expediency, the RTA may request this endorsement.
The beneficiary administration will provide the ‘certified correct’ visa based on the
quarterly project reports, whereas in the case of decentralised management the
CFCE/AO will provide the ‘pass for payment’ visa after verification that all costs
invoiced are eligible and supported by an expenditure verification report or,
documentary evidence in case of a random check.
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Under ENPI, the beneficiary administration will provide the ‘certified correct’ visa
based on the quarterly project reports, whereas the AO (decentralised) or the EU
Delegation (centralised) will provide the ‘pass for payment’ visa after verification that
all costs invoiced are eligible and supported by an expenditure verification report or,
documentary evidence in case of a random check.
7.4.2.
Documentation in Support of Requests for Payment
The MS Twinning partner is obliged to keep full accurate and systematic record and
accounts of the activities implemented under the Twinning Contract. They shall be in
such form and detail that it is possible to establish accurately the number of days
worked in the BC, as well as all actual incidental expenditure budgeted and associated
with the implementation of the Twinning Contract.
Such records must be kept by the BC and the MS for a 7-year period after the last
payment made under the Twinning Contract. These documents comprise any
documentation concerning income and expenditure, as well as any inventory,
necessary for the checking of supporting documents, in particular mission certificates
(see Annex C10), transport tickets, pay slips for experts and other invoices. Failure to
maintain such records constitutes a breach of obligations and will result in the
termination of EU funding or request for refund of part or all funds to the
Commission.
Without prejudice to the rights and obligations of the Court of Auditors (CoA), the
European Anti-Fraud Office (OLAF), the other Commission services, representatives
of the administrative office or other authorised institutions of the BC shall be
permitted to inspect or audit, at any reasonable time, the records and accounts relating
to the implementation of the Twinning Contract and to make copies thereof both
during and after its implementation.
In case of technical and financial checks, by examining the documents or by means of
on-the-spot checks, the staff of the European Commission, the OLAF, the CoA or
outside persons authorised by the Commission must always have the appropriate right
of access to the information (either on paper or in electronic format). The key idea
within this obligation is the accessibility to the document during the stipulated period
(i.e.: seven years), regardless of the format (i.e.: printed, electronic) of the document
itself.
7.5.
Audit
In the course of the implementation of Twinning projects, both the projects
themselves and their management may be subject to various audits:

ad hoc audits called by the Commission, the European Anti-Fraud Office
(OLAF) and other Commission services;

ad hoc audits by the Court of Auditors.
Ad hoc audits called by the Commission are to provide an independent view on the
sound and efficient management of the projects and/or may examine specific issues.
104
The Court of Auditors is independent from the Commission. It is responsible for
checking expenditure by the European Union regarding compliance with relevant
legal provisions and principles, the soundness of financial management and the
achievement of objectives. The OLAF is a Commission service, which has the
objective of fighting fraud, corruption and any other irregular activity, including
misconduct within the European Institutions.
OLAF achieves its mission by conducting, in full independence, internal and external
investigations.
The BC and the MS will allow the European Commission, OLAF and the Court of
Auditors to verify, by examining documents or by means of on-the-spot checks, the
implementation of the project and conduct a full audit, if necessary, on the basis of
supporting documents for the accounts, accounting documents and any other
document relevant to the financing of the Action. These inspections may take place up
to 7 years after the payment of the balance. Article 16 of the General Conditions of
the Twinning Contract applies.
7.6.
Private Sector Inputs: tendering, procurement and
contracting
As a matter of principle, Twinning projects are exclusively based on the transfer of
public sector expertise and know-how to the beneficiary administration with a view to
achieving mandatory results. This entails that private sector input in the form of
equipment or of services must only be included in exceptional cases, subject to due
justification, and limited to an overall ceiling of EUR 5 000 in the case of equipment
and to EUR 10 000 per budget item in case of services (see sections 5.10, 5.11 and
5.12).
Twinning projects are in other words self-contained projects centred around
public sector co-operation.
The exceptionally required private sector inputs are in principle tendered by the MS
partner(s), which applies the provisions described in Annex A4 to the Twinning
contract .
Where the MS partner(s) is a contracting authority and/or a contracting entity within
the meaning of the EU Directives applicable to procurement procedures, it must apply
the relevant provisions of those texts, in preference to the rules set out in sections 3 to
7 of Annex A4 to the Twinning contract.
Where the MS partner(s) is not a contracting authority and/or a contracting entity
within the meaning of the EU Directives applicable to procurement procedures, it
must apply the rules set out in sections 3 to 7 of Annex A4 to the Twinning contract.
In both cases, the general principles and rules on nationality and origin set out in
sections 1 and 2 of Annex A4 to the Twinning contract always apply.
An overview of the applicable rules:
A. Supply of goods
105
A.1. up to EUR 5 000 per Twinning project:
Where the MS partner(s) is a contracting authority and/or a contracting entity within
the meaning of the EU Directives applicable to procurement procedures, it must apply
the relevant provisions of those texts, while always respecting the rules and principles
laid down in sections 1 and 2 of Annex A4 to the Twinning contract.
Where MS partner(s) is not a contracting authority and/or a contracting entity within
the meaning of the EU Directives applicable to procurement procedures, it may use its
own procedures, while always respecting the rules and principles laid down in
sections 1, 2 and 3 of Annex A4 to the Twinning contract.
Examples: small equipment to ensure smooth implementation of the project (e.g.
laboratory consumables or small measuring equipment)
A.2. over EUR 5 000 per Twinning project:
Such investment MUST NOT be financed by the Twinning contract. It can be
mentioned in the Budget (Annex A3 to the Twinning contract) but only to signify the
commitment of the BC that the relevant equipment will be available to the project.
Examples: equipment to measure air quality control, veterinary control materials.
B. Supply of services
Notwithstanding the fact that the Annex A4 to the Twinning contract refers separately
to the procurement of services up to EUR 10 000 and up to EUR 60 000, the
procedures to be applied in the framework of Twinning are in fact the same. They
change above the ceiling of EUR 60 000.
B.1. up to EUR 60 000 per budget item:
Where the MS partner(s) is a contracting authority and/or a contracting entity within
the meaning of the EU Directives applicable to procurement procedures, it must apply
the relevant provisions of those texts, while always respecting the rules and principles
laid down in sections 1 and 2 of Annex A4 to the Twinning contract.
The MS partner(s) that is not a contracting authority and/or a contracting entity within
the meaning of the EU Directives applicable to procurement procedures may use its
own procedures, while always respecting the rules and principles laid down in
sections 1, 2 and 3 of Annex A4 to the Twinning contract. Examples: supply of travel
services, translation and interpretation services, software, training material, expert
private sector inputs to training.
B.2.
above EUR 60 000 per budget item:
Where the MS partner(s) is a contracting authority and/or a contracting entity within
the meaning of the EU Directives applicable to procurement procedures, it must apply
the relevant provisions of those texts, while always respecting the rules and principles
laid down in sections 1 and 2 of Annex A4 to the Twinning contract.
Where the MS partner(s) is not a contracting authority and/or a contracting entity
within the meaning of the EU Directives applicable to procurement procedures, it
must apply the rules set out in sections 1 to 7 of Annex A4 to the Twinning contract.
106
Examples: RTA Assistant, translation and interpretation services, software, training
material, expert private sector inputs to training.
Procurement by the Contracting Authority
Given the fact that in some instances the MS partner(s) is a public sector body not
allowed to engage in commercial contracts and given the exceptional nature of private
sector inputs, the MS partner(s) may ask the Contracting Authority to manage the
exceptionally requested private sector inputs on its behalf. This may be appropriate
especially where the contracting entails VAT charges which cannot be handled by the
MS partner(s).
If the MS partner(s) avails itself of such assistance, corresponding amounts will be
included in the Budget of the Twinning contract (Annex A3) with an annotation
indicating clearly that these items will be contracted and paid by the Contracting
Authority.
Payments to the MS partner(s) will not include these items, which are paid directly by
the Contracting Authority to the supplier(s)/service provider(s).
The Contracting Authority will apply its own procurement procedures.
7.7.
Provision for changes in prices
Expert fees are subject to the ceilings laid down in this Manual and indicated in the
breakdown of costs of the Twinning Contract or operative side letters (under IPA).
Most other costs indicated in the breakdown of costs, such as travel costs, rental of
facilities for training, rental of accommodation for the RTA, are based on estimates.
Payment for such costs is subject to actual expenditure invoiced in the framework of
quarterly financial reports and substantiated by documentary evidence held by the MS
implementing body.
Where the amount indicated in the breakdown of costs is insufficient to cover actually
incurred costs, the difference may be charged against the ‘provision for changes in
prices’, for which up to 2.5% of the overall budget is allocated in every Twinning
project. This applies also to increases in the salary, non-wage labour costs and
statutory reimbursements of the RTA (not his/her per diem allowances which are
stable during the secondment).
Drawing on the provision as described above does not require an addendum to the
budget with prior approval by the Contracting Authority. See derogation to article
14.6 of the General Conditions in art.7 of the Twinning contract.
Quarterly financial reports must be presented according to the budget lines in the
breakdown of costs of the Twinning Contract or operative side letters (under IPA). If
the real cost for an item (other than fees) legitimately exceeds the estimate, the
difference is debited to the provision.
107
For example, if EUR 1 000 – was foreseen for a plane ticket in budget line 23
(seminar Y), but actually cost EUR 1 015 – the invoice will be presented as follow:
“Plane tickets @ EUR 1 015, where of EUR 1 000 – is debited to line 23 (seminar Y)
and EUR 15 to line 57 (provisions for changes in prices)."
If the final cost of an item falls below the estimate, the difference remains available in
the budget line for additional costs related to the same activity. Once the activity is
completed, the remaining funds may be transferred to other lines according to the
procedure foreseen under 6.6.
7.8.
Principles of taxation
The RTA must observe the national tax legislation of his/her home country with
regard to income earned during the period of secondment in the beneficiary host
country.
The possible exemptions from customs duties, import duties, taxes and other fiscal
charges for the RTA are governed by the Financing Agreement for the project in
question signed between the Commission and the BC.
Costs for indirect taxes (VAT) cannot be recovered from EU funds unless it is
impossible for the MS Twinning Partner to otherwise reclaim it and the applicable
regulation authorises such coverage.
108
Section 8: Specific Procedures for ‘Twinning Light’
8.1.
Definition of ‘Twinning Light’
‘Twinning Light’ can be used to tackle any self-contained institutional issues provided the
subject addressed is of a more limited scope than for standard Twinning, i.e. the structures
needed are not complex or the existing ones need little adjustment. The likeliest scenario would
be implementation of a specific measure - creation of an Insurance Supervisory Authority or
Roads Inspectorate, for instance - rather than reform of the general or legal framework. The
programming of Twinning light projects should therefore be accurate and timely. ‘Twinning
Light’ projects should not be used to supplement full Twinning projects, which are selfcontained and involve the obligation to deliver their own mandatory results.
‘Twinning Light’ consists of the provision by a MS of well-defined public sector expertise,
generally involving the delivery of short or medium term expertise by officials (civil servants),
and/or, less frequently, civil servant experts staying for longer periods. Given their limited scope
and duration, “Twinning Light” projects fall short of building longer term structural links
between public administrations, which is indeed one of the broader objectives of standard
Twinning.
The ‘Twinning light’ package may, where necessary, include additional inputs such as:



appraisal of regulatory texts and the supply of documentation;
workshops, seminars and visits;
interpretation and translation related to the preceding items.
The financial ceiling for ‘Twinning Light’ projects has been set at EUR 250 000 and their
maximum duration (time span for Twinning activities) limited to 6 months; in exceptional cases
this can be extended to 8 months. This duration is supplemented by the standard 3 months
period foreseen for inception and reporting (see Article 2 of the general Conditions for Grants,
Annex A2 to the Twinning contract).
Apart from these ceilings, there are four main differences between standard Twinning and
‘Twinning light’:




The absence of a Resident Twinning Adviser.
The absence of a jointly designed work plan. This enables the project to be approved in
shorter delays. However, the project fiche has to very precisely define the requested input
and cooperation. To achieve the set objectives and mandatory results will remain essential.
This implies the absence of reimbursement of preparatory costs;
No Consortia of MS partners allowed;
No purchase of equipment or private sector services subcontracting allowed except for
translation and interpretation where necessary.
All of these distinguishing factors underscore that ‘Twinning light’ project must allow for a
quick mobilisation of targeted public sector assistance.
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8.2.
The detailed ‘Twinning light’ Project fiche
The quick mobilisation of the requested public sector expertise requires a detailed and precisely
drafted ’Twinning light’ project fiche. The detailed ’Twinning light’ project fiche must cover
the background, the ongoing reform process, the longer-term and immediate objectives and the
outputs/results requiring assistance so as to allow interested MS to prepare a detailed proposal.
Twinning light projects do not require a work plan which is previously and jointly defined by
the MS Project partner and the beneficiary administration. This explains why the “Twinning
light” project fiche has to be even more detailed than the Twinning fiches for standard
Twinning. The detailed ‘Twinning light’ project fiche will form an annex to the ‘Twinning light
Contract' together with the selected MS Twinning proposal.
The beneficiary administration should therefore complete a ‘Twinning light’ project fiche
containing:

a detailed description of the beneficiary institution;

the context in the BC;

the proposed methodology for implementing the intended reform;

the nature of the activities;

the mandatory results it wishes to target, including benchmarks;

profile of the experts required;

its own strategy for achieving it and the means it intends to deploy;

a clearly identified BC Project Leader with all references(phone, fax, email). Where
appropriate, additional counterpart personnel responsible for individual components must be
nominated;

the precisely defined inputs it is seeking from a MS and the amount of funds it wishes to use
for that purpose;

Working language ;

Total budget available
See template Annex C1 to this Manual for Twinning project fiches. This template includes
specific points for Twinning light projects.
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8.3.
The mandatory results
The same rules apply for ‘Twinning Light’ projects as for standard Twinning projects. They
must target concrete, operational results (the mandatory results) (please refer to section 4.1. of
this Manual). The complexity and scope of the mandatory results will, however, be more
modest, commensurate with the ability of the beneficiary to conceive, drive and implement the
necessary reform itself, with limited and precisely-defined inputs from the MS.
8.4.
Selection of MS administration
8.4.1. Circulation of projects
The detailed ‘Twinning light’ project fiche will be circulated to the MSs’ NCPs, calling for
detailed written proposals from the relevant home administrations. The deadline for presenting
proposals will be 6 weeks, unless special circumstances justify an extension or a shorter
deadline
8.4.2.
Minimum criteria for proposals from MS
The detailed project fiches describe all the activities to be carried out and the contribution
expected from the MS, which will make a proposal for provision of the public sector assistance
requested within the available budget. The proposal will contain:

the name of a designated Project Leader responsible for the co-ordination of MS inputs (this
can be one of the experts designated to work in the BC);

CVs of proposed officials, matched to the requirements defined in the project fiche under
which they will work;

budget for fees (units and rates) and reimbursable costs, subject to compliance with
Twinning rules.
In keeping with the streamlined ‘Twinning Light’ concept each proposal will come from a
single MS, though it may include experts from others, who will work under the MS Project
Leader’s authority and responsibility. Consortia will not be allowed. Only proposals that cover
the full range of the inputs requested will be considered.
The selected MS proposal will also form an annex to the ‘Twinning light’ contract.
See template C2 of this manual for a model Twinning proposal. This template includes specific
provisions for Twinning light.
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8.4.3.
Selection procedure
It is recommended that the Contracting Authority communicates its choice of the selected MS partner
within two weeks following the meeting of the Selection/Evaluation Committee.
Furthermore, the Delegation will at least once a year, inform all MS NCPs on the selections
made.
8.4.3.1. Selection procedure under IPA (before and after conferral of
management power)

Centralised and decentralised management with ex ante control
Proposals are sent to the EU Delegation, which will forward them to the beneficiary institution
and the CFCE when appropriate. Both the beneficiary administration and the EU Delegation
must be represented on the selection committee, the latter as an observer. The beneficiary
institution itself will be responsible for the actual selection of a MS partner on the basis of the
written proposals. MS will generally not be requested to present their proposal at Selection
Meetings. However, in some cases, MS may be invited to do so. Expenses thus incurred will not
be reimbursed. It may call for additional information, request clarifications or modifications in
the MS proposals, provided that all MS are given the same opportunities. The requests for
clarification / correction will be made in writing and the MS will be given a maximum of 5
working days to provide a reply.
The minutes of the selection committee meeting will be sent to the EU Delegation for
endorsement, signifying that the EU Delegation takes note of the selection committee’s decision.
If no proposal has been received or the only proposal is considered inadequate, the EU
Delegation and the beneficiary, may cancel the procedure and either recirculate the ‘Twinning
light’ project fiche in duly justified cases or convert it into a commercial tender for Technical
Assistance.
The EU Delegation will notify all MS, (which have submitted proposals) involved of the
beneficiary institution's final decision within maximum 6 weeks of the deadline for submission of
proposals. A Selection Fact Sheet will be completed for each ‘Twinning light’ proposal. The
beneficiary administrations are strongly encouraged to provide all participating MS with
information on the reasons, which motivate their final decision. MS are entitled to receive such
feedback in view of future proposals from their administrations.

Decentralised management without ex-ante control
After conferral of management power to the AO, proposals are sent to the latter, which
forwards them to the beneficiary institution. The AO will set up a small selection committee and
ensure that all relevant procedures are followed, but it will not have a vote in the selection
process. MS will generally not be requested to present their proposal at Selection Meetings.
However, in some cases, MS may be invited to do so. Expenses thus incurred will not be
reimbursed. The minutes of the selection committee will be kept by the AO. If no proposal has
been received or the only proposal is considered inadequate, the AO and the beneficiary, may
cancel the procedure and either recirculate the ‘Twinning light’ project fiche in duly justified
cases or convert it into a commercial tender for Technical Assistance.
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The AO will notify all MS which have submitted proposals of the beneficiary institution's final
decision within maximum 6 weeks of the deadline for submission of proposals. A Selection Fact
Sheet will be completed for each ‘Twinning light’ proposal.
The beneficiary administrations are strongly encouraged to provide all participating MS with
information on the reasons, which motivate their final decision. MS are entitled to receive such
feedback in view of future proposals from their administrations.
8.4.3.2. Selection procedure under ENPI
MS will generally not be requested to present their proposal at Selection Meetings. Proposals
will therefore have to be detailed, comprehensive and self-explanatory.
However, if MS are invited to present their proposal at Selection Meetings, in this case expenses
incurred will not be reimbursed. MS may also be required to provide more details at the request
of the Evaluation Committee.
The selection and evaluation of the submitted proposals is therefore mainly organised in two
steps. The first is the administrative conformity of the proposals, the second one is the
Evaluation of the proposals.
(1) Receipt, registration and administrative check of the proposals
MS via their NCPs submit written proposals (which have to include the elements as described
under section 3.2.) to the Contracting Authority.
After registration, a copy of the received proposals is sent to the EU Delegation by the AO or to
the AO by the EU Delegation.
The relevant Contracting Authority sends an e-mail to all NCPs informing them which MS has
submitted a proposal.
Proposals shall then be subject to an administrative check which will assess whether they satisfy
all the applicable eligibility criteria mentioned in the checklist (Annex C6 of this Manual).
Ineligible proposals will be disqualified from the evaluation process.
The relevant Contracting Authority sends an e-mail to all MS Administrations which have sent
an eligible proposal inviting them to participate in the selection meetings.
(2) Evaluation Meetings
Once the relevant authority has received and registered the proposals, it organises an
Evaluation Committee, with the assistance of the Delegation where appropriate.
Following the provisions of the Practical Guide, an evaluation committee will be composed of at
least three voting members and always be composed of an uneven number of voting members.
(See details above).
The composition of the evaluation committee will be designated individually by the Contracting
Authority and, where it is not the Commission, with approval of the European Commission.
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The members of the evaluation committee will sign a declaration of impartiality and
confidentiality.
The evaluation committee will make its choice based on objective criteria. An evaluation grid
(Annex C8) will be used for the scoring of the proposals. The grid takes into consideration the
qualitative aspects, the presentation, the experience of the organisation in co-operation
projects, the proposed working methods, etc.
The entire evaluation procedure is recorded in an evaluation report and submitted for approval
to the Contracting Authority.
Where the Commission is not the Contracting Authority, the Contracting Authority will submit
the results of the evaluation process for approval of the Commission before notifying the results
to the applicants.
Participants to these evaluation meetings are:
DECENTRALISED MANAGEMENT

Contracting Authority (AO): Chairman, secretary and at least 1 voting member, possible
observer/s

Beneficiary Administration: at least 2 voting members

Observers: representative from the EU Delegation
CENTRALISED MANAGEMENT

Contracting Authority (EU Delegation): Chairman, secretary, at least 2 voting members

Beneficiary Administration: at least 1 voting member

Observers: representative from the AO.
In each case, the Chairperson and the Secretary are non-voting members.
8.5.
Contract and Implementation
8.5.1.
Structure of the contract
There will be one original copy of the Twinning Contract per signatory and one for the
Commission or AO (before or after conferral of management power and ENPI).
Copies of the contract will be drawn up for: the final beneficiary administration and for the
Commission.
The Twinning Light contract will be in line with the standard Twinning contract.
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The complete contract will consist of the same annexes of the standard Twinning Contract (see
section 3.8). The template for the Twinning Contract attached to this Manual identifies the
specific provisions for Twinning light.
As the possibility of forming consortia is ruled out in “Twinning Light”, there will further be no
Annex A8.
Twinning Lights contracts are not submitted to the Steering Committee proceedings at
headquarters for review and opinion (IPA).
8.5.2.
Costs eligible for financing
The financial rules applicable to ‘Twinning Light’ are the same as those for standard Twinning,
except that:
a) medium-term experts (those staying in the BC for a month or longer) will be treated in the
same way as short-term experts (fees and expenses) but may be offered a monthly special
economically fare return fare, subject to presentation of travel documents;
b) Equipment and private sector services (other than translation and interpretation where
necessary) are not eligible for funding;
c) Preparatory costs are not eligible for funding;
d) Project assistants are not eligible for funding.
The Beneficiary Administration should provide the necessary office space and equipment at the
disposal of the MS twinning expert free of any charge. This is part of the co-financing in kind to
be provided by the beneficiary.
8.5.3. Contracting Authority, signatories of contract, order of signature
8.5.3.1. Under IPA
Under centralised and decentralised management with ex ante control, the ‘Twinning light’
contract is signed either by the EU Delegation or by the CFCE (contracting authority) and the
MS partner. The endorsement by the final beneficiary administration expresses its commitment
to ensure proper implementation and ownership of the twinning project.
Upon signature, the EU Delegation or the CFCE notifies the other parties that the process has
been completed and that the contract can enter into effect.
Under decentralised management without ex-ante control by, the ‘Twinning light’ contract is
signed by the AO and the MS partner. It is endorsed by the beneficiary administration so as to
express its commitment to ensure proper implementation and ownership.
8.5.3.2. Under ENPI
The signatories of the ‘Twinning light’ contract and the (order of signature) are the same as
those for a standard Twinning Contract, and are described in section 3.10 of this manual.
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8.5.4. Reporting
There must be a start-up report covering the first two months of implementation of the Twinning
light contract (submitted during the third month) and a final report.
Reports must be endorsed and countersigned by the beneficiary, who may make additional
comments.
Report templates are those applicable for standard Twinning projects.
Reports must be submitted as indicated under section 6.4 of this manual.
8.5.5.
Payments
Payments will be done in two instalments: a pre-financing and a final payment.
The pre-financing represents 80% of the budget of the Twinning Contract mentioned in article
3 of the Special Conditions as financed by EU funds. The payment to the Member State shall be
made within 30 days of notification of the signature of the Twinning Contract (see section 3.11).
The final payment corresponding to the final balance shall be made in accordance with the
standard procedure (see section 7.2) once the contract is complete, upon presentation of the final
report and request for final payment by the MS within no more than one month after the end of
the project.
The deadline for the final payment is 60 days following receipt of the request by the Contracting
Authority. This deadline is extended to 90 days if the Commission is not the Contracting
Authority.
The Contracting Authority may suspend the deadlines for payments according to article 15.5 of
Annex A2 to the Twinning Contract (General Conditions).
8.5.6.
Expenditure Verification Report
The same procedure as for standard Twinning applies. See section 7.3 of this Manual.
8.6.
Monitoring and assessment
‘Twinning light’ projects are subject to the same monitoring and assessment procedures as
standard Twinning (see section 6.3 and 6.5).
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8.7.
Changes to the ‘Twinning light’ contract
The same procedures as for standard Twinning applies, except with regard to the quarterly
updates through operative side letters (under IPA). See detailed procedures under section 6.6 of
this Manual.
Please remember that there is not Steering Committee and therefore headquarters are not called
upon to review any changes to Twinning light contracts (IPA).
8.8.
Issues of overall Coordination
In view of the central role of the respective Commission services in Brussels in co-ordinating
the twinning instrument, and in order to allow the respective twinning co-ordination teams to
follow twinning light projects, the EU Delegations or the AO are requested to send to the
respective Commission twinning co-ordination teams a quarterly synthetic overview of
developments regarding twinning light projects.
The reports should include in a table format for every twinning light project (identified by
project number and title), the date each project fiche was circulated, the deadline for proposals,
the Member State partner(s) selected, the start date of the project budget, Project leader and
beneficiary administration, the completion date of the project and if the final project report was
received and approved.
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Section 9: Other Issues
9.1.
Languages
Language is a basic but important issue:
When drafting a Twinning Contract, the Twinning partners should:

have identified translation and interpretation needs and made appropriate provision;

have agreed upon common working languages and the language skills required of the RTA
for carrying out day-to-day duties;

have agreed upon English, German or French as the language to be used for reporting
purposes.
The work plan will specify which elements will be carried out using a European Union working
language and specific services to be provided in the language of the BC (i.e. brochures,
publications for dissemination of information etc.).
To facilitate the work of the RTA, experience has shown that a full time assistant (BC national),
who deals with both translation and interpretation issues (and other project management tasks)
on a daily basis is essential (see section 5.9). Provisions must be made in the work plan and
budget for this cost, unless the BC administration can make available an assistant, or the RTA is
fluent in the host BC language.
If the identified volume of translation/interpretation is considerable, it may be envisaged for
reasons of cost-effectiveness to recruit a full-time or part-time language assistant
(interpreter/translator) in addition to the RTA assistant. The provisions of section 5.9 apply also
for the selection and recruitment of a language assistant..
While costs for translations are eligible for funding under Twinning projects, this possibility
should be used only under very exceptional circumstances taking into account that a great deal
of translation work has already been completed with the assistance of the Technical Assistance
Information Exchange Office (TAIEX). TAIEX is a facility for short term technical assistance
on approximation/ implementation and enforcement, including the necessary administrative
infrastructures, of the EU Acquis. Currently all IPA and ENPI countries benefit from TAIEX
assistance. For more information, see http://ec.europa.eu/enlargement/taiex/ .
Language training for BC staff is not eligible for funding under Twinning projects, subject to
derogation for exceptional and very technical purposes.
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9.2.
Sustainability and Twinning Review Missions
9.2.1 Sustainability
In the course of the implementation of the jointly agreed Twinning work-plan, the MS Twinning
partners ensure the transfer of the public sector expertise necessary to achieve the mandatory
results in the beneficiary administration.
Once the Twinning work plan is fully implemented and the mandatory results achieved, these
achievements should be preserved and developed further by the beneficiary administration. It is
indeed part of the commitment of the beneficiary administration to ensure the long term impact
of the Twinning project.
This presupposes in general that the beneficiary administrations pay adequate attention to the
further improvement of the general public administration framework (Public administrative
reform agenda) so that the Twinning results are not undermined by systematic failings in the
beneficiary administration. This means, by the same token, that twinning projects can only be
effective if the capacity of the civil service in the beneficiary country is sufficiently developed to
absorb effectively the Twinning improvements.
Apart from this requirement regarding the overall standing of the beneficiary administration and
the political commitment to general administrative reform in a European context, the Twinning
partners should lay the necessary groundwork for the sustainability of their joint twinning
achievements at the concrete level of project implementation:
1.
During the project, the twinning partners should pay attention to the fact that training
material is of a sufficient quality. It should be professionally developed and easily
accessible for later use (It can for instance be published on the beneficiary administration’s
website);
2.
During the twinning project, the officials of the beneficiary administration benefiting from
training by Member State twinning experts should be put in charge of subsequent training
of their colleagues (train the trainers-approach) and they should in general be actively
involved in follow up through, for instance, simulation exercises, evaluation forms to be
filled in, etc.;
3.
In order to ensure effective dissemination of results, Twinning partners should organise a
well-structured wrapping- up seminar at the end of the implementation of the Twinning
work plan which capitalises and presents the concrete results with practical implications
for further follow up by the beneficiary administration and its officials;
4.
The beneficiary administration should find appropriate ways and means (including inter
alia salary gratifications, various incentives, written agreements with staff benefiting from
training, preparation of manuals, creation of networks) to avoid excessive staff turnover
and loss of know-how acquired in the beneficiary administration during the Twinning
project;
5.
In the final report, Twinning partners should include concrete recommendations and
strategies for safeguarding the achievement of the mandatory results in the beneficiary
administration (Sustainability plan).
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But even beyond the Twinning project itself, the Twinning partners and more especially the
beneficiary administration may look out for appropriate follow-up institution building assistance
to consolidate and magnify the Twinning results (for instance through TAIEX, SIGMA, or
further bilateral projects with the initial or other MS).
9.2.2 Twinning Review Missions.
Each Twinning project is in principle followed, 6 to 12 months after its finalisation, by a
Twinning Review Mission (TRM). This mission aims at reporting whether sustainable impacts
or spin offs have been observed after Twinning project finalisation.
The overall objective of a TRM is to assess if the achievements of the Twinning project are still
present and if they produced a standing impact, in particular in terms of sustainability.
Normally, a TRM should also identify lessons learned and recommend improvements for the
managing of Twinning projects in the given country and/or sector.
A TRM shall analyse the situation in the area/sector covered by the Twinning project concerned,
comparing it to the situation prevailing when the project’s implementation ended and taking into
account the initial situation that the project was called to correct. The scope of the analysis shall
be determined by the mandatory results of the Twinning project.
A TRM shall focus on the developments intervened after the end of the Twinning project
concerned with particular regard to the legal and institutional level (legislative progress and
administrative adaptation), to capacity and skills building (further training of staff and spreading
of know-how) and to the structural changes introduced (irreversibility of the new framework).
The Team charged with the performance of the TRM is led by the Twinning Review Expert
(TRE), a public sector (or mandated body) expert from a different MS than the Lead or Junior
MS partners of the project concerned, who did not participate in the Twinning project in
question. In principle and when possible the TRE is a former RTA of a similar project.
The TRE is selected by the Institution Building Unit (IBU) of the Commission, in consultation
with MS National Contact Points (NCP) and other stakeholders. He/She is directly invited by
the IBU to perform the TRM.
The TRE is responsible for preparing the Reporting Form. The Reporting Form, which the TRE
timely distributes to all members of the TRM Team, mentions the project's deliveries and the
final report's recommendations
The TRE drafts the review report.
For all or part of the TRM the TRE can be assisted and accompanied by a team of persons who
were involved in the project concerned:

the MS RTA;

the BC RTA counterpart;
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

the MS Project Leader (when appropriate and if available);
the BC Project Leader (or the official who might have replaced him/her in the same
position);

the task manager from the pertinent EU Delegation who followed the project or the
sector involved (or the official who might have replaced him/her in the same position).
If the MS RTA and/or the BC RTA counterpart are not available, the selection of a replacement
is decided on a case by case basis by the IBU in close consultation with the pertinent
stakeholders.
A more detailed set of guidelines and the template of the Reporting Form are available on the
Twinning web-page: http://ec.europa.eu/enlargement/tenders/twinning/index_en.htm
TRM are organised as TAIEX events whose cost is covered by the TAIEX budget. The request
to launch a TRM is initiated by the relevant EU Delegation.
The final reports produced by TRM will be included in a database of Twinning assessments
accessible to all those involved.
9.3.
Troubleshooting
In practice, all Twinning projects will face unforeseen difficulties. Some of these may be small
logistical problems, whilst others may impact on the overall success of the project.
In the first instance, the MS and BC Project Leaders should attempt to resolve any problems
between themselves. If there is a more significant problem or a need to inform the Commission
or the AO, then the Project Leaders should contact the AO and/or the Commission
Headquarters.
The respective NCPs should also be seen as a source of experience and counsel.
In the most difficult situations, Commission Headquarters may be called upon.
The Commission will reserve the right to suspend or cancel funding for the Twinning project in
the worst case scenario.
If, at the end of the time period fixed by the Twinning Contract, the mandatory results have not
been achieved, the Twinning partners may ask the relevant services for a time extension to
complete the project on the condition that



the need for extension can be duly justified;
the extension falls within the overall time limit set out in the Financing Memorandum/
Financing Agreement;
there is no increase in the financial contribution from the EU funding source.
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9.4.
Acknowledgement of Funding Source and Project
Visibility
Implementing partners whose project benefits, in whole or in part, from European Commission
funding, are obliged to publicise the funding source with the appropriate logo. It has been
decided that the EU logo – the blue flag and stars - must be the only one used. No matter what
the size of the project, the materials it produces have to carry the EU identity.
In order to comply with this obligation, the Information Officer at the EU Delegation in the
country is available and Commission Headquarters have published ‘Visibility Guidelines’.
Delegations carry a stock of flags, stickers, posters and other promotional material that can be
obtained. Simple solutions for producing everyday materials, Master originals, given as a series
of computer templates, have been developed, so that materials can be produced from standard
office computers at minimum cost.
A small amount of funds (EUR 5 000 for projects up to EUR 1 million, EUR 10 000 for projects
over EUR 1 million) may be allocated in the projects to meet these requirements.
More information and templates can be found on the following Internet site:
http://ec.europa.eu/europeaid/work/visibility/index_en.htm
To ensure adequate Project visibility, a kick-off and a closure meeting should be foreseen as
project activities and as such included in the work plan. Considering that these two events are
meant to draw the attention of all pertinent stakeholders as well as of the media on the project
and that they should ideally be attended by high ranking officials, it is important to ensure that
they are organised with propriety and decency. In case the BC cannot provide proper cofinancing for the kick-off and the closure meetings, the costs of small catering can
exceptionally be considered eligible, within a ceiling of 500€/event. Similarly, if an adequate
meeting room is not available in the premises of the beneficiary administration or in those of the
EU Delegation, the cost for renting an appropriate venue can be charged to the budget of the
project.
9.5.
Data Protection and Privacy Statement
The Commission is in charge of the overall co-ordination and promotion of the twinning
instrument (Please see Section 2.6 of this Manual).
In this capacity the Commission is informed about the professional contact details (identity,
professional position held, professional contact details and curriculum vitae) of all twinning
experts, namely:
1. Resident Twinning Advisers as well as twinning Short Term Experts proposed and
appointed by the participating MS administrations for the transfer of peer public sector
expertise and
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2. National Contact Points for twinning respectively appointed by each MS administrations and
by each of the beneficiary countries.
These data are also collected and published on the twinning website or on other publicly
available supports (CD-ROMs, published material, etc.) for the promotion and development of
this Institution Building instrument, notably with potential beneficiary countries.
These data are stored and processed in accordance with Regulation (EC) No 45/2001 of the
European parliament and of the Council of 18 December 2000, on the protection of individuals
with regard to the processing of personal data by the EU institutions and bodies on the free
transfer of such data.
Further to the requirements of this regulation a specific Privacy statement is publicly available
for consultation on the twinning website:
http://ec.europa.eu/enlargement/pdf/financial_assistance/institution_building/privacy_statement
_twinning_103994_en.pdf
Please see article 7.2.13 of the Special Conditions of each Twinning Contract which also refers
to the Privacy Statement.
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